legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-3014
|
II 117th CONGRESS 1st Session S. 3014 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Cortez Masto (for herself, Mr. Wicker , Mr. Schumer , Mr. Thune , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Next Generation Telecommunications Council, and for other purposes.
1. Short title This Act may be cited as the Next Generation Telecommunications Act . 2. 6G and advanced wireless technologies council (a) Establishment There is established a Council, to be known as the Next Generation Telecommunications Council (referred to in this section as the Council ), to advise Congress on 6G advancements and other advanced wireless communications technologies, including the use of such technologies for smart cities or communities. (b) Membership (1) Composition (A) In general Subject to subparagraph (B), the Council shall be composed of the following members: (i) The Deputy Secretary of Commerce. (ii) The Assistant Secretary of Commerce for Communications and Information. (iii) The Undersecretary of the National Institute of Standards. (iv) The Chairperson of the Federal Communications Commission. (v) The Director of the National Science Foundation. (vi) Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate, 1 of whom shall be a member of the Senate and 2 of whom shall not be. (vii) Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate, 1 of whom shall be a member of the Senate and 1 of whom shall not be. (viii) Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Energy and Commerce of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 2 of whom shall not be. (ix) Two members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 1 of whom shall not be. (B) Requirements for certain members (i) In general The members of the Council who are not members of Congress and who are appointed under clauses (iv) through (vii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in— (I) telecommunications, spectrum policy, and standards organizations; (II) cybersecurity and innovation; or (III) the implementation, funding, or oversight of national security and information sharing. (ii) Limitation on appointments An official who appoints members of the Council may not appoint an individual as a member of the Council if such individual possesses any personal or financial interest in the discharge of any of the duties of the Council. (iii) Requirement All members of the Council described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. (2) Co-chairs (A) In general The Council shall have 2 co-chairs selected from among the members of the Council, of which— (i) one co-chair of the Council shall be a member of the Democratic Party; and (ii) one co-chair shall be a member of the Republican Party. (B) Requirement The individuals who serve as the co-chairs of the Council shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. (c) Appointment; initial meeting (1) Appointment Members of the Council shall be appointed not later than 45 days after the date of the enactment of this Act. (2) Initial meeting The Council shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act. (d) Meetings; quorum; vacancies (1) In general After its initial meeting, the Council shall meet upon the call of the co-chairs of the Council. (2) Quorum Seven members of the Council shall constitute a quorum for purposes of conducting business, except that 2 members of the Council shall constitute a quorum for purposes of receiving testimony. (3) Vacancies Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (4) Quorum with vacancies If vacancies in the Council occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Council as of such day. (e) Actions of Council (1) In general The Council shall act by resolution agreed to by a majority of the members of the Council voting and present. (2) Panels The Council may establish panels composed of less than the full membership of the Council for purposes of carrying out the duties of the Council under this section. The actions of any such panel shall be subject to the review and control of the Council. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Council unless approved by the Council. (3) Delegation Any member, agent, or staff of the Council may, if authorized by the co-chairs of the Council, take any action which the Council is authorized to take pursuant to this section. (f) Duties The duties of the Council are to review past actions of the processes and procedures used to advance wireless communication deployment, including 5G technology, and advise Congress on 6G advancements, existing gaps in the standardization and development of 6G, and other advanced wireless communications technologies. (g) Strategy (1) In general The Council shall develop and submit to Congress recommendations for how the Federal Government can support— (A) the development and adoption of 6G and other advanced wireless communications technologies, including ensuring digital inclusion and equity in access to such technologies for communities of color, those underserved, and rural communities; (B) assessment of roles and responsibilities within the Federal Government and how the Federal Government can better coordinate functions to ensure timely decisions and needed actions; (C) research and development into, and standards for, 6G and other advanced wireless communications technologies, including collaboration with the private sector and United States allies; and (D) the promotion of international cooperation, including security cooperation, with respect to 6G and other wireless communications technologies. (2) Considerations In developing the strategy under this subsection, the Council shall consider the following issues: (A) Access to adequate spectrum resources to support 6G and other advanced wireless communications technologies. (B) Assessment of the Federal Government’s function as regulator of electromagnetic spectrum, including but not limited to, testing capabilities, proper access to timely and relevant information, the Interdepartment Radio Advisory Committee and interagency cooperation, and communication with Federal and commercial license holders. (C) Supply chain resiliency and security, including vendor diversity, for 6G and other advanced wireless communications technologies. (D) Assessment of the workforce needs in order to build, maintenance, and utilize 6G networks, including the necessary diversity within each of these areas. (E) Ensure greater collaboration and information sharing to make certain advanced networks, including those utilized by first responders, remain secure and resilient in the face of cyber intrusions and natural disasters. (F) Other issues identified as important to the successful development and deployment of 6G and other advanced wireless communications technologies, such as artificial intelligence and machine learning, satellite and fixed wireless broadband, and open RAN technologies. (h) Powers of Council (1) In general The Council or, on the authorization of the Council, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths. (2) Contracting The Council may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Council to discharge its duties under this section. (3) Information from Federal agencies (A) In general The Council may secure directly from any executive department, agency, bureau, board, council, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section. (B) Requirement to share information Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Council, upon request of the co-chairs of the Council. (C) Treatment of classified information The Council shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations. (4) Assistance from Federal agencies (A) In general The Secretary of Commerce, acting through the Assistant Secretary of Commerce for Communications and Information, shall provide to the Council, on a reimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Council’s duties under this section. (B) Administrative support The Chairperson of the Federal Communications Council may provide the Council, on a reimbursable basis, with such administrative services, staff, and other support services as the Council may request. (C) Additional support In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the Federal Government may provide the Council such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (D) Cooperation among agencies The Council shall receive the full and timely cooperation of any official, department, or agency of the Federal Government, including from the Department of State, Department of Defense, and the Office of the United States Trade Representative, whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), for the fulfillment of the duties of the Council, including the provision of full and current briefings and analyses. (5) Postal services The Council may use the United States Postal Service in the same manner and under the same conditions as the departments and agencies of the Federal Government. (6) Gifts No member or staff of the Council may receive a gift or benefit by reason of the service of such member or staff to the Council. (i) Staff of Council (1) In general (A) Appointment of staff director and other personnel The co-chairs of the Council, in accordance with rules agreed upon by the Council, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Council to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title 5. (B) Detailees Any Federal Government employee may be detailed to the Council without reimbursement from the Council, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (C) Requirement All staff of the Council shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. (2) Consultant services (A) In general The Council may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title 5. (B) Requirement All experts and consultants employed by the Council shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. (j) Compensation and travel expenses (1) Compensation (A) In general Except as provided in paragraph (2), each member of the Council may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Council under this section. (B) Limitation Members of the Council who are officers or employees of the Federal Government or Members of Congress shall receive no additional pay by reason of their service on the Council. (2) Travel expenses While away from their homes or regular places of business in the performance of services for the Council, members of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. (3) Access after termination of Council Notwithstanding any other provision of law, after the termination of the Council under subsection (k)(2), only the members and designated staff of the congressional commerce committees, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, and such other officials of the executive branch as the President may designate, shall have access to information related to the national security of the United States that is received, considered, or used by the Council. (k) Final report; termination (1) Final report Not later than 1 year after the date on which the Council is established, the Council shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives a final report in compliance with the duties described in subsection (f) and containing the strategy described in subsection (g). (2) Termination (A) In general The Council, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph (1) is submitted to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives. (B) Conclusion of activities The Council may use the 120-day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report. (l) Assessments of final report Not later than 60 days after receipt of the final report under subsection (k)(1), the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, as the case may be, an assessment of the final report. Each assessment shall include such comments on the findings and recommendations contained in the final report as the Director or Secretary, as the case may be, considers appropriate. (m) Inapplicability of certain administrative provisions (1) Federal Advisory Committee Act The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Council under this section. (2) Freedom of Information Act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), shall not apply to the activities, records, and proceedings of the Council under this section. (n) Funding (1) Authorization of appropriations There are authorized to be appropriated $10,000,000 for fiscal year 2022 to carry out this section. (2) Availability in general Subject to paragraph (1), the Secretary of Commerce shall make available to the Council such amounts as the Council may require for purposes of the activities of the Council under this section. (3) Duration of availability Amounts made available to the Council under paragraph (2) shall remain available until expended.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3014is/xml/BILLS-117s3014is.xml
|
117-s-3015
|
II 117th CONGRESS 1st Session S. 3015 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Cortez Masto (for herself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Director of the Office of Science and Technology Policy to submit to Congress each year a national science and technology strategy, to require the Director to complete quadrennial science and technology reviews, and for other purposes.
1. Short title This Act may be cited as the National Science, Innovation, and Technology Strategy Act of 2021 . 2. National science and technology strategy Title II of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6611 et seq. ) is amended by striking section 206 and inserting the following: 206. National science and technology strategy (a) Strategy required Not later than the end of each calendar year immediately after the calendar year in which a review under section 206A(b) is completed, the Director of the Office of Science and Technology Policy, in consultation with the National Science and Technology Council, shall develop and submit to Congress a comprehensive national science and technology strategy of the United States to meet national research and development objectives for the following 4-year period (in this section referred to as the national science and technology strategy ). (b) Requirements Each national science and technology strategy required by subsection (a) shall delineate a national science and technology strategy consistent with— (1) the recommendations and priorities developed pursuant to the review most recently completed under section 206A(b); (2) the most recent national security strategy report submitted pursuant to section 1032 of the National Defense Authorization Act for Fiscal Year 2012 ( 50 U.S.C. 3043 ); (3) other relevant national plans; and (4) the strategic plans of relevant Federal departments and agencies. (c) Consultation The Director of the Office of Science and Technology Policy shall consult, as necessary, with the Director of the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the recommendations and priorities delineated in the science and technology strategy are incorporated in the development of annual budget requests. (d) Annual reports (1) In general The President shall submit to Congress each year a comprehensive report on the national science and technology strategy of the United States. (2) Contents Each report submitted under paragraph (1) shall include a description of the following: (A) The strategic objectives and priorities necessary to maintain the leadership of the United States in science and technology and to advance science and technology to address societal and national challenges, including near-term, medium-term, and long-term research priorities. (B) The programs, policies, and activities that the President recommends across all Federal agencies to achieve the strategic objectives in subparagraph (A). (C) The global trends in science and technology, including potential threats to the leadership of the United States in science and technology and opportunities for international collaboration in science and technology. (e) Publication The Director shall, consistent to the maximum extent practicable with the protection of national security and other sensitive matters, make each report submitted under subsection (d) publicly available on an internet website of the Office of Science and Technology Policy. 206A. Interagency quadrennial innovation and technology review (a) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Appropriations, the Committee on Environment and Public Works, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Science, Space, and Technology and the Committee on Homeland Security of the House of Representatives. (2) Interagency The term interagency with respect to a review means that the review is conducted in consultation and coordination between Federal agencies, including the Department of Commerce, the Department of Transportation, the Department of Defense, the Department of Energy, the Environmental Protection Agency, and such other related agencies as the Director of the Office of Science and Technology Policy considers appropriate, as well as the following: (A) The National Science and Technology Council. (B) The President’s Council of Advisors on Science and Technology. (C) The National Science Board. (D) the National Security Council. (E) The Council of Economic Advisers. (F) The National Economic Council. (G) The Domestic Policy Council. (H) The Office of the United States Trade Representative. (b) Interagency quadrennial innovation and technology review required (1) In general Not later than 1 year after the date of the enactment of the National Science, Innovation, and Technology Strategy Act of 2021 , and every 4 years thereafter, the Director of the Office of Science and Technology Policy shall complete an interagency review of the science and technology enterprise of the United States (in this section referred to as the quadrennial innovation and technology review ). (2) Scope The quadrennial science and technology review shall be a comprehensive examination of the science and technology strategy of the United States, including recommendations for maintaining global leadership in science and technology and advancing science and technology to address the societal and national challenges and guidance on the coordination of programs, assets, capabilities, budget, policies, and authorities across all Federal research and development programs. (3) Consultation In carrying out each quadrennial innovation and technology review, the Director of the Office of Science and Technology Policy shall consult with the following: (A) Congress. (B) Federal agencies, including Federal agencies not described in subsection (a)(2). (C) Experts in national security. (D) Representatives of specific technology industries, as the Director considers appropriate. (E) Academics. (F) State, local, and Tribal governments. (G) Nongovernmental organizations. (H) The public. (c) Contents In each quadrennial innovation and technology review, the Director shall— (1) provide an integrated view of, and recommendations for, science and technology policy across the Federal Government, while considering economic and national security and other societal and national challenges; (2) assess and recommend priorities for research, development, and demonstration programs to maintain American leadership in science and technology; (3) assess and recommend priorities for research, development, and demonstration programs to address societal and national challenges; (4) assess the global competition in science and technology and identify potential threats to the leadership of the United States in science and technology opportunities for international collaboration; (5) assess and make recommendations on the science, technology, engineering, mathematics, and computer science workforce in the United States; (6) assess and make recommendations to improve regional innovation across the United States; (7) assess and make recommendations to improve translation of basic research and the enhancement of technology transfer of federally funded research; (8) assess and identify the infrastructure and tools needed to maintain the leadership of the United States in science and technology and address other societal and national challenges; and (9) review administrative or legislative policies that affect the science and technology enterprise and identify and make recommendations on policies that hinder research and development in the United States. (d) Coordination The Director shall ensure that each quadrennial innovation and technology review conducted under this section is coordinated with efforts to carry out other relevant statutorily required reviews, and to the maximum extent practicable incorporates information and recommendations from other reviews in order to avoid duplication. (e) Reporting (1) In general Not later than December 31 of the year in which a quadrennial innovation and technology review is conducted, the Director shall submit to Congress a report of the review. (2) Publication The Director shall, consistent to the maximum extent possible with the protection of national security and other sensitive matters, make each report submitted under paragraph (1) publicly available on an internet website of the Office of Science and Technology Policy. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3015is/xml/BILLS-117s3015is.xml
|
117-s-3016
|
II 117th CONGRESS 1st Session S. 3016 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Hassan (for herself, Ms. Ernst , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To address out-of-pocket inequities related to military service uniforms, and for other purposes.
1. Short title This Act may be cited as the Military Forces Assuring that Treatment of Items by Gender are Uniform and Equal across the Services Act of 2021 or the Military FATIGUES Act of 2021 . 2. Modifications to military service uniform requirements and procedures (a) Establishment of consistent criteria (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries concerned with respect to the Armed Forces under their jurisdiction, shall establish consistent criteria for determining which uniform or clothing items across the services are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of-pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within a military service. (2) Review The Under Secretary shall review the criteria established under paragraph (1) every 5 years thereafter and recommend adjustments to enlisted clothing allowances if they are insufficient to pay for uniquely military items. (b) Additional reviews The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall— (1) periodically review all uniform clothing plans of the military services to identify data and requirements needed to facilitate cost discussions and to recommend adjustments as appropriate; (2) periodically review items in the military services’ calculations of the enlisted standard cash clothing replacement allowances, at a minimum, every 5 years and develop a standard by which to identify significant cost differences that warrant being addressed; (3) periodically review all plans of the military services for changing uniform items to determine if the planned changes will result in significant out-of-pocket cost differences among the services or among genders; and (4) periodically review initial officer clothing allowances, at a minimum, every 10 years and identify requirements needed to facilitate cost discussions and adjustment recommendations as appropriate. (c) Sense of Congress It is the sense of Congress that the cost of like items between genders should be the same for members of the Armed Forces. (d) Report Not later than December 31, 2022, the Department of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the estimated production and average retail prices of military clothing items for members of each Armed Force, including both officer and enlisted uniforms, and a comparison of costs for both male and female military clothing items for members of each of the respective services.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3016is/xml/BILLS-117s3016is.xml
|
117-s-3017
|
II 117th CONGRESS 1st Session S. 3017 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Sanders (for himself, Mr. Blumenthal , Mr. Menendez , Mrs. Gillibrand , Mr. Booker , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To expand the provision and availability of dental care furnished by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Veterans Dental Care Eligibility Expansion and Enhancement Act . 2. Sense of Congress It is the sense of Congress that— (1) the Department of Veterans Affairs has pioneered a whole health approach to health care, which brought mental health and suicide prevention under the umbrella of primary care and integrated health, provides access to alternative medicines, delivers a holistic approach to health and well-being, and repeatedly demonstrates better health outcomes than the private sector at a low cost to taxpayers in the United States; (2) the effects of poor dental care are seen in patients who are at risk of or diagnosed with diabetes, cardiovascular disease, pulmonary conditions, kidney impairment, and even dementia; (3) the Department spends countless dollars on prescription drugs, community care, urgent care, and emergency room visits on preventable ailments that would be reduced or eliminated through preventative dental care; and (4) in order to best achieve a whole health model for the provision of health care to veterans and reduce long-term costs, the Department must furnish veterans with preventative and comprehensive dental care. 3. Requirement that Secretary of Veterans Affairs furnish dental care in the same manner as any other medical service (a) In general Title 38, United States Code, is amended— (1) in section 1701(6)(B), by striking as described in sections 1710 and 1712 of this title ; (2) in section 1710(c), by striking the second sentence; and (3) in section 1712— (A) by striking subsections (a) and (b); (B) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (C) in subsection (a), as redesignated by subparagraph (B)— (i) by striking Dental appliances and inserting The Secretary may furnish dentures, dental appliances ; and (ii) by striking to be furnished by the Secretary under this section may be procured by the Secretary and inserting under this section and may procure such appliances . (b) Conforming and clerical amendments (1) Conforming amendments (A) Protection of health care eligibility Section 1525(a) of such title is amended by striking medicines under section 1712(d) and inserting medicines under section 1712(b) . (B) Dental insurance plan Section 1712C(h) of such title is amended— (i) by striking section 1712 of this title and inserting this chapter ; and (ii) by striking such section 1712 and inserting this chapter . (2) Heading amendment The heading for section 1712 of such title is amended to read as follows: 1712. Appliances; drugs and medicines for certain disabled veterans; vaccines . (3) Clerical amendment The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by striking the item relating to section 1712 and inserting the following new item: 1712. Appliances; drugs and medicines for certain disabled veterans; vaccines. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 4. Expansion of furnishing by Department of Veterans Affairs of dental care to all enrolled veterans (a) In general The Secretary of Veterans Affairs shall furnish dental care to all veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, pursuant to the phased approach required under this section. (b) Phase one required (1) Commencement (A) In general Commencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall furnish dental care to all covered veterans who are not eligible for dental services and treatment and related dental appliances under the laws administered by the Secretary as of the date of the enactment of this Act. (B) Phase one In this section, the furnishing of dental care under subparagraph (A) shall be referred to as phase one . (2) Duration of phase one Phase one shall be carried out during the two-year period beginning on the date of the commencement of phase one. (3) Locations (A) In general The Secretary shall carry out phase one at the following locations: (i) Each medical center of the Department with an established dental clinic. (ii) Not fewer than four military medical treatment facilities of the Department of Defense with the capacity to furnish dental care, which shall be selected in consultation with the Secretary of Defense. (iii) Not fewer than four community-based outpatient clinics with space available for the furnishing of dental care under phase one. (iv) Not fewer than four Federally Qualified Health Centers. (v) Not fewer than four facilities of the Indian Health Service with established dental clinics, which shall be selected in consultation with the Secretary of Health and Human Services. (B) Considerations In selecting locations for phase one, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (i) Rural areas. (ii) Areas that are not in close proximity to an active duty military installation. (iii) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (C) Mobile dental clinics In carrying out phase one, the Secretary shall test the efficacy of mobile dental clinics to service rural areas that do not have a population base to warrant a full-time clinic but where there are covered veterans in need of dental care. (D) Home-based dental care In carrying out phase one, the Secretary shall test the efficacy of portable dental care units to service rural veteran in their homes, as the Secretary considers medically appropriate. (4) Scope of services The dental care furnished to covered veterans under phase one shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100-percent disabling under the laws administered by the Secretary. (5) Use of telemedicine When providing dental services via telemedicine under phase one, the Secretary shall use Federal employees to the maximum extent possible. (6) Voluntary participation The participation of a covered veteran in phase one shall be at the election of the veteran. (7) Copayments The Secretary may collect copayments for dental care furnished under phase one in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 of title 38, United States Code. (8) Administration (A) Notice to covered veterans on phase one In carrying out phase one, the Secretary shall inform all covered veterans of the services and treatment available under phase one. (B) Contracts (i) In general Subject to clause (iii), in carrying out phase one, the Secretary may enter into contracts with appropriate entities for the provision of dental care under phase one. (ii) Performance standards and metrics Each contract entered into under clause (i) shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (iii) Limitation The Secretary may only enter into contracts under clause (i) if the Secretary determines that the Department does not employ, and cannot recruit and retain, qualified dentists, dental hygienists, and oral surgeons in the applicable location. (9) Definitions In this subsection: (A) Covered veteran The term covered veteran means a veteran enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, pursuant to paragraph (1) or (2) of such section. (B) Federally qualified health center The term Federally Qualified Health Center means a Federally-qualified health center as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) ). (c) Expansion (1) In general After the completion of phase one, the Secretary shall expand the provision of dental care under this section to all veterans, including through the use of the recommendations of the Secretary under subsection (d)(2)(F), as follows: (A) In phase two, which shall— (i) commence not later than 90 days after the completion of phase one; and (ii) consist of the provision of dental care to all veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, pursuant to paragraph (1), (2), (3), or (4) of such section. (B) In phase three, which shall— (i) commence not later than 90 days after the completion of phase two; and (ii) consist of the provision of dental care to all veterans enrolled in such system pursuant to paragraph (1), (2), (3), (4), (5), or (6) of such section. (C) In phase four, which shall— (i) commence not later than 90 days after the completion of phase three; and (ii) consist of the provision of dental care to all veterans enrolled in such system. (2) Facility expansion Under each phase specified in paragraph (1), the Secretary shall expand the number of facilities described in subsection (b)(3) furnishing dental care under this section commensurate to the number of new veterans furnished care under such phase, including through the use of any other facilities to which veterans have access. (3) Duration Each phase specified in paragraph (1) shall be carried out during a period not to exceed two years and all such phases, including phase one, shall be carried out for a period not to exceed eight years. (4) Conclusion Upon the conclusion of phase four specified under paragraph (1)(C), all veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, shall be eligible for dental care from the Department. (d) Reports (1) In general Not later than 90 days before the completion of phase one, and not later than 180 days after the completion of each subsequent phase under subsection (c)(1), the Secretary shall submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives a report on the phase about to be completed and the plans of the Secretary for implementation of expansion of the provision of dental care pursuant to subsection (c). (2) Contents Each report under paragraph (1) shall include the following: (A) A description of the implementation and operation of the phase covered by the report. (B) The number of veterans receiving dental care under such phase and a description of the dental care furnished to such veterans. (C) An analysis of the costs and benefits of such phase, including a comparison of costs and benefits by location type. (D) An assessment of the impact of such phase on appointments for care, prescriptions, hospitalizations, emergency room visits, wellness, employability, and satisfaction of patients, and perceived quality of life of veterans. (E) An analysis and assessment of the efficacy of mobile clinics and home-based dental care to service the dental needs of veterans during such phase. (F) The findings and conclusions of the Secretary with respect to such phase. (G) A comparison of the costs for private sector dental care with cost of furnishing dental care from the Department, broken down by each locality included in such phase. (H) Such recommendations for the expansion of dental care pursuant to subsection (c) as the Secretary considers appropriate. 5. Requirement of dental clinic of Department of Veterans Affairs in each State (a) In general The Secretary of Veterans Affairs shall ensure that each State has a dental clinic of the Department of Veterans Affairs to service the needs of the veterans within that State. (b) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 6. Program on education to promote dental health in veterans (a) Program required The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental conditions. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department. (6) Available and accessible options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers. (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at facilities of the Department (including at medical centers, clinics, Vet Centers, and readjustment counseling centers) and to providers (including members of Patient Aligned Care Teams). (B) The availability and distribution of materials over the internet, including through webinars, My HealtheVet, and VA.gov. (C) Presentations by the dental program office of the Department of information, including both small group and large group presentations, and distribution of such information to all locations in which the program is being carried out. (2) Selection of mechanisms In selecting mechanisms under paragraph (1), the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. (d) Construction Nothing in this section shall be construed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (e) Definitions In this section— (1) Federally qualified health center The term Federally Qualified Health Center means a Federally-qualified health center as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) ). (2) Vet Center The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code. (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 7. Student loan repayment program to incentivize dental training and ensure the dental workforce of the Department of Veterans Affairs (a) Program required The Secretary of Veterans Affairs, to ensure that the Department of Veterans Affairs has sufficient staff to provide dental service to veterans, shall implement a loan reimbursement program for qualified dentists, dental hygienists, and oral surgeons who agree— (1) to be appointed by the Secretary as a dentist, dental hygienist, or oral surgeon, as the case may be, under section 7401 of title 38, United States Code; and (2) to serve as a dentist, dental hygienist, or oral surgeon, as the case may be, of the Department pursuant to such appointment at a dental clinic of the Department for a period of not less than five years. (b) Maximum amount The Secretary may reimburse not more than— (1) $75,000 for each dentist participating in the program under subsection (a); (2) $10,000 for each dental hygienist participating in such program; and (3) $20,000 for each oral surgeon participating in such program. (c) Selection of locations The Secretary shall monitor demand among veterans for dental care and require participants in the program under subsection (a) to choose from dental clinics of the Department with the greatest need for dentists, dental hygienists, or oral surgeons, as the case may be, according to facility enrollment and patient demand. 8. Educational and training partnerships for dentists, dental hygienists, and oral surgeons The Secretary of Veterans Affairs shall enter into educational and training partnerships with dental schools to provide training and employment opportunities for dentists, dental hygienists, and oral surgeons. 9. Authorization of appropriations (a) In general There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2021 such sums as may be necessary to carry out this Act and the amendments made by this Act. (b) Availability The amount authorized to be appropriated under subsection (a) shall be available for obligation for the eight-year period beginning on the date that is one year after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3017is/xml/BILLS-117s3017is.xml
|
117-s-3018
|
II 117th CONGRESS 1st Session S. 3018 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Marshall (for himself, Ms. Sinema , Mr. Thune , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans, and for other purposes.
1. Short title This Act may be cited as the Improving Seniors’ Timely Access to Care Act of 2021 . 2. Establishing requirements with respect to the use of prior authorization under Medicare Advantage plans (a) In general Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection: (o) Prior authorization requirements (1) In general Beginning with the second plan year beginning after the date of the enactment of this subsection, in the case of a Medicare Advantage plan that imposes any prior authorization requirement with respect to any applicable item or service (other than a covered part D drug) during a plan year, such plan shall— (A) establish the electronic prior authorization program described in paragraph (2) and issue real-time decisions with respect to prior authorization requests for items and services identified by the Secretary under subparagraph (C)(ii) of such paragraph; (B) meet the transparency requirements specified in paragraph (3); and (C) meet the beneficiary protection standards specified pursuant to paragraph (4). (2) Electronic prior authorization program (A) In general For purposes of paragraph (1)(A), the electronic prior authorization program described in this paragraph is a program that provides for the secure electronic transmission of— (i) a prior authorization request from a health care professional to a Medicare Advantage plan with respect to an applicable item or service to be furnished to an individual, including such clinical information necessary to evidence medical necessity; and (ii) a response, in accordance with this paragraph, from such plan to such professional. (B) Electronic transmission (i) Exclusions For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). (ii) Standards (I) In general In order to ensure appropriate clinical outcome for individuals, for purposes of this paragraph, an electronic transmission described in subparagraph (A) shall comply with technical standards adopted by the Secretary in consultation with standard-setting organizations determined appropriate by the Secretary, health care professionals, Medicare Advantage organizations, and health information technology software vendors. In adopting such standards with respect to which an electronic transmission described in subparagraph (A) shall comply, the Secretary shall ensure that such transmissions support attachments containing applicable clinical information and shall prioritize the adoption of standards that support integration with interoperable health information technology certified under a program of voluntary certification kept or recognized by the National Coordinator for Health Information Technology consistent with section 3001(c)(5) of the Public Health Service Act. (II) Transaction standard The Secretary shall include in the standards adopted under subclause (I) a standard with respect to the transmission of attachments described in such subclause, and data elements and operating rules for such transmission, consistent with health care industry standards. (C) Real-time decisions (i) In general The program described in subparagraph (A) shall provide for real-time decisions (as defined by the Secretary in accordance with clause (iv)) by a Medicare Advantage plan with respect to prior authorization requests for applicable items and services identified by the Secretary pursuant to clause (ii) for a plan year if such requests contain all documentation described in paragraph (3)(A)(ii)(II) required by such plan. (ii) Identification of requests For purposes of clause (i) and with respect to a period of 2 plan years, the Secretary shall identify, not later than the date on which the initial announcement described in section 1853(b)(1)(B)(i) for the first plan year of such period is required to be announced, applicable items and services for which prior authorization requests are routinely approved, and shall update the identification of such items and services for each subsequent period of 2 plan years. (iii) Data collection and consultation with relevant eligible professional organizations and relevant stakeholders The Secretary shall use the information described in paragraph (3)(A) (if available) and shall issue a request for information from Medicare Advantage plans, providers, suppliers, beneficiary advocacy organizations, consumer organizations, and other stakeholders for purposes of identifying requests for a period under clause (ii). (iv) Definition of real-time decision (I) In general In establishing the definition of a real-time decision for purposes of clause (i), the Secretary shall take into account current medical practice, technology, health care industry standards, and other relevant information and factors to ensure the accurate and timely furnishing of items and services to individuals. (II) Update The Secretary shall update, not less often than once every 2 years, the definition of a real-time decision for purposes of clause (i), taking into account changes in medical practice, changes in technology, changes in health care industry standards, and other relevant information, such as the information submitted by Medicare Advantage plans under paragraph (3)(A)(i), and factors to ensure the accurate and timely furnishing of items and services to individuals. (v) Implementation The Secretary shall use notice and comment rulemaking, which may include use of the annual call letter process under this part, for each of the following: (I) Establishing the definition of a real-time decision for purposes of clause (i). (II) Updating such definition pursuant to clause (iv)(II). (III) Identifying applicable items or services pursuant to clause (ii) for the initial period of 2 plan years as described in such clause. (IV) Updating the identification of such items and services for each subsequent period of 2 plan years as described in such clause. (3) Transparency requirements (A) In general For purposes of paragraph (1)(B), the transparency requirements specified in this paragraph are, with respect to a Medicare Advantage plan, the following: (i) The plan, annually and in a manner specified by the Secretary, shall submit to the Secretary the following information: (I) A list of all applicable items and services that are described in subsection (a)(1)(B) that are subject to a prior authorization requirement under the plan. (II) The percentage of prior authorization requests approved during the previous plan year by the plan in an initial determination with respect to each such item and service. (III) The percentage of such requests that were initially denied and that were subsequently appealed in any manner, and the percentage of such appealed requests that were overturned, with respect to each such item and service, broken down by each stage of appeal (including judicial review). The plan may include information regarding the number of initial denials due to request submissions that did not meet clinical evidence standards. (IV) The percentage of such requests that were denied and the percentage of the total number of denied requests that were denied as a result of decision support technology or other clinical decision-making tools. (V) The average and the median amount of time (in hours) that elapsed during the previous plan year between the submission of such a request to the plan and a determination by the plan with respect to such request for each such item and service, excluding any such requests that did not contain all information required to be submitted by the plan. (VI) A list that includes a description of each occurrence during the previous plan year in which the plan made a determination to approve or deny an item or service in the case where a provider furnished an additional or differing item or service during the peroperative period of a surgical or otherwise invasive procedure that such provider determined was medically necessary. (VII) A disclosure and description of any software decision-making tools the plan utilizes in making determinations with respect to such requests. (VIII) Such other information as the Secretary determines appropriate. (ii) The plan shall provide— (I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; (II) to each such provider and supplier who does enter into such a contract, access to the criteria used by the plan for making such determinations, including an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request, except to the extent that provision of access to such criteria would disclose proprietary information of such plan; and (III) to each beneficiary subject to prior authorization under the plan, access to the criteria used by the plan for making such determinations, except to the extent that provision of access to such criteria would disclose proprietary information of such plan. (B) Regulations The Secretary shall, through notice and comment rulemaking, provide guidance to Medicare Advantage plans regarding— (i) the establishment of criteria described in subparagraph (A)(ii)(II) and access to such criteria by providers and suppliers in accordance with such subparagraph; and (ii) access to such criteria by beneficiaries in accordance with subparagraph (A)(ii)(III). (C) Medpac report Not later than 3 years after the date information is first submitted under subparagraph (A)(i), the Medicare Payment Advisory Commission shall submit to Congress a report on such information that includes a descriptive analysis of the use of prior authorization. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. The Commission shall provide recommendations, as appropriate, on any improvement that should be made to the electronic prior authorization programs of Medicare Advantage plans. (4) Beneficiary protection standards The Secretary of Health and Human Services shall, through notice and comment rulemaking, specify requirements with respect to the use of prior authorization by Medicare Advantage plans for applicable items and services to ensure— (A) that such plans adopt transparent prior authorization programs developed in consultation with providers and suppliers with contracts in effect with such plans for furnishing such items and services under such plans that allow for the modification of prior authorization requirements based on the performance of such providers and suppliers with respect to adherence to evidence-based medical guidelines and other quality criteria; (B) that such plans conduct annual reviews of such items and services for which prior authorization requirements are imposed under such plans through a process that takes into account input from providers and suppliers with such contracts in effect and is based on analysis of past prior authorization requests and current coverage and clinical criteria; (C) continuity of care for individuals transitioning to, or between, coverage under such plans in order to minimize any disruption to ongoing treatment attributable to prior authorization requirements under such plans; (D) that such plans make timely prior authorization determinations, provide rationales for denials, and ensure requests are reviewed by qualified medical personnel; and (E) that such plans provide information on the appeals process to the beneficiary when denying any request for prior authorization with respect to an item or service. (5) Applicable item or service For purposes of this subsection, the term applicable item or service means, with respect to a Medicare Advantage plan, any item or service for which benefits are available under such plan, other than a covered part D drug. (6) Report to Congress Not later than the end of the second plan year beginning on or after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing an evaluation of the implementation of the requirements of this subsection, an analysis of an issues in implementing such requirements faced by Medicare Advantage plans, and a description of the information submitted under paragraph (3)(A)(i) with respect to— (A) in the case of the first such report, such second plan year; and (B) in the case of a subsequent report, the 2 full plan years preceding the date of the submission of such report. . (b) Determination clarification Section 1852(g)(1)(A) of the Social Security Act ( 42 U.S.C. 1395w–22(g)(1)(A) ) is amended by inserting (including any decision made with respect to a prior authorization request for such service) after section .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3018is/xml/BILLS-117s3018is.xml
|
117-s-3019
|
II 117th CONGRESS 1st Session S. 3019 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the United States Postal Service to designate a single, unique ZIP code for particular communities.
1. ZIP Codes Not later than 270 days after the date of enactment of this Act, the United States Postal Service shall designate a single, unique ZIP code for, as nearly as practicable, each of the following communities: (1) Ocoee, Florida. (2) Miami Lakes, Florida. (3) Oakland, Florida. (4) Village of Estero, Florida.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3019is/xml/BILLS-117s3019is.xml
|
117-s-3020
|
II 117th CONGRESS 1st Session S. 3020 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to modify the eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs and to guarantee health care benefits for veterans enrolled in such system, and for other purposes.
1. Short title This Act may be cited as the Veterans State Eligibility Standardization Act . 2. Modification of determination of eligibility of veterans for treatment as a low-income family for purposes of enrollment in the patient enrollment system of the Department of Veterans Affairs (a) Areas of residence The Secretary of Veterans Affairs shall modify the areas in which veterans reside as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system of the Department of Veterans Affairs under section 1705(a)(7) of title 38, United States Code, to meet the requirements as follows: (1) Any area so specified shall be within only one State. (2) Any area so specified shall be coextensive with one or more counties (or similar political subdivisions) in the State concerned. (b) Variable income thresholds The Secretary shall modify the thresholds for income as specified for purposes of determining whether veterans qualify for treatment as low-income families for enrollment in the patient enrollment system referred to in subsection (a) to meet the requirements as follows: (1) There shall be one income threshold for each State, equal to 100 percent of the highest income threshold among— (A) the counties or metropolitan statistical areas within such State; and (B) any metropolitan statistical area that encompasses territory of such State and one or more other States. (2) The calculation of the highest income threshold of a county or metropolitan statistical area shall be consistent with the calculation used for purposes of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (3) The timing and methodology for implementing any modifications in geographic income thresholds pursuant to paragraph (1) shall be determined by the Secretary in such a manner as to permit the Department to build capacity for enrolling such additional veterans in the patient enrollment system of the Department as become eligible for enrollment as a result of such modifications, except that all required modifications shall be completed not later than five years after date of the enactment of this Act. (c) Metropolitan statistical area In this section, the term metropolitan statistical area has the meaning given that term by the Office of Management and Budget. 3. Guarantee of health care benefits for enrolled veterans The Secretary of Veterans Affairs shall ensure that all veterans, once enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code, remain enrolled in such system and may continue receiving health care furnished by the Department if they choose, subject to such cost-sharing requirements as may apply to the veteran under existing provisions of law.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3020is/xml/BILLS-117s3020is.xml
|
117-s-3021
|
II 117th CONGRESS 1st Session S. 3021 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Sinema (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide non-medical counseling services for military families.
1. Short title This Act may be cited as the Comforting Our Military Families through On-base or Remote Treatment Act of 2021 or the COMFORT Act of 2021 . 2. Non-medical counseling services for military families Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Non-Medical counseling services (1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities for the provision of non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. (2) Notwithstanding any other provision of law, a mental health professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the provider or recipient of such services is located, if the provision of such services is within the scope of the authorized Federal duties of the provider. (3) A mental health professional described in this subsection is a person who is— (A) a currently licensed or certified mental health care provider who holds an unrestricted license or certification that is— (i) issued by a State, the District of Columbia, or a territory or possession of the United States; and (ii) recognized by the Secretary of Defense; (B) a member of the uniformed services, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and (C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). (4) In this subsection, the term non-medical counseling services means mental health care services that are non-clinical, short-term, and solution-focused, and address topics related to personal growth, development, and positive functioning. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3021is/xml/BILLS-117s3021is.xml
|
117-s-3022
|
II 117th CONGRESS 1st Session S. 3022 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Warren (for herself, Ms. Baldwin , Mr. Brown , Mr. Sanders , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To subject certain private funds to joint and several liability with respect to the liabilities of firms acquired and controlled by those funds, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Stop Wall Street Looting Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Corporate responsibility Sec. 101. Joint and several liability for controlling private funds and holders of active interests in controlling private funds. Sec. 102. Indemnification void as against public policy. TITLE II—Anti-looting Sec. 201. Limitations on post-acquisition dividends, distributions, redemptions, buybacks, and outsourcing. Sec. 202. Prevention of fraudulent transfers. Sec. 203. Surtax on certain amounts received by investment firms from controlled target firms. Sec. 204. Limitation on deduction for business interest of certain businesses owned by private funds. TITLE III—Protecting workers when companies go bankrupt Sec. 301. Increased priority for wages. Sec. 302. Priority for severance pay and contributions to employee welfare benefit plans. Sec. 303. Priority for violations of Federal and State laws. Sec. 304. Limitation on executive compensation enhancements. Sec. 305. Prohibition against special compensation payments. Sec. 306. Executive compensation upon exit from bankruptcy. Sec. 307. Collateral surcharge for employee obligations. Sec. 308. Voidability of preferential compensation transfers. Sec. 309. Protection for employees in a sale of assets. Sec. 310. Protection of gift card purchasers. Sec. 311. Commercial real estate. TITLE IV—Closing the carried interest loophole Sec. 401. Amendment of 1986 Code. Sec. 402. Partnership interests transferred in connection with performance of services. Sec. 403. Special rules for partners providing investment management services to partnerships. TITLE V—Investor protection and market transparency Sec. 501. Disclosure of fees and returns. Sec. 502. Fiduciary obligations. Sec. 503. Disclosures relating to the marketing of private equity funds. TITLE VI—Restrictions on securitizing risky corporate debt Sec. 601. Risk retention requirements for securitization of corporate debt. TITLE VII—Miscellaneous Sec. 701. Anti-evasion. Sec. 702. Severability. 2. Findings Congress finds the following: (1) During the 20-year period preceding the date of enactment of this Act, activity by private equity funds has exploded. (2) Millions of people in communities across the United States rely on companies that are owned by private equity funds, including nearly 12,000,000 individuals who work for companies owned by those funds. For millions of additional individuals, a private investment fund acts as a landlord, a lender, or an owner of a local grocery store, newspaper, or hospital. Many pension funds are also investors in private investment funds. (3) Private investment funds have taken controlling stakes in companies in a wide variety of industries, including the financial services, real estate, media, and healthcare industries, but some of the largest impacts from private investment funds have been in the retail sector. In the 5 years preceding the date of enactment of this Act, cases have been commenced under title 11, United States Code, with respect to dozens of retailers in the United States, including Sears, Toys R Us, Shopko, Payless ShoeSource, Charlotte Russe, Bon-Ton, Nine West, David’s Bridal, Claire’s, J. Crew, Neiman Marcus, Guitar Center, Art Van Furniture, and Southeastern Grocers, which was the parent company for BI–LO and Winn-Dixie. (4) Private investment funds have also targeted entities that serve low-income or vulnerable populations, including affordable housing developments, for-profit colleges, payday lenders, medical providers, and nursing homes. (5) While private investment funds often purport to take over struggling companies and make those companies viable, the opposite is often true. Leveraged buyouts impose enormous debt loads on otherwise viable companies and then strip those companies of assets, hobbling the operations of those companies and preventing them from making necessary investments for future growth. If an investment goes well, the fund reaps most of the rewards, but if the investment does not go well, workers and customers of the company, and the community relying on the company, suffer. (6) Regardless of the performance of a private investment fund, the managers of the fund often make profits through fees, dividends, and other financial engineering. Private funds should have a stake in the outcome of their investments, enjoying returns if those investments are successful but absorbing losses if those investments fail. (7) When a case is commenced under title 11, United States Code, with respect to a portfolio company, workers not only lose jobs, but also lose wages and benefits that are owed, severance pay that has been promised, and pensions that have been earned. Workers should not be sent to the back of the line behind other creditors if, through no fault of those workers, an investment fails. (8) The performance of private investment funds is often cloaked in secrecy. Those funds have full control over the information that the funds disclose to investors, which allows the funds to manufacture their own performance metrics and makes it difficult for an investor to compare the returns to other investment options. Funds also increasingly require investors to waive the fiduciary obligations applicable to the funds. Investors should have the information and bargaining power to take control over their own investments. (9) An increasing amount of risky debt is being introduced into the market and the quality of that debt is deteriorating, raising concerns with regulators and lawmakers about systemic risk. The institutions that make and securitize risky loans collect large fees and then pass on risk to unwitting investors. The financial system should not bear all of the risk while lenders and securitizers reap the rewards. (10) The Federal Government should— (A) protect workers, companies, consumers, and investors in the United States; and (B) put an end to the practice of looting economically viable companies for the enrichment of private investment fund managers. 3. Definitions Except as otherwise expressly provided, in this Act: (1) Affiliate The term affiliate means— (A) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of another entity, other than a person that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by another entity (referred to in this subparagraph as a covered entity ), or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the covered entity, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) a person whose business is operated under a lease or operating agreement by another entity, or person substantially all of whose property is operated under an operating agreement with that other entity; or (D) an entity that operates the business or substantially all of the property of another entity under a lease or operating agreement. (2) Capital distribution The term capital distribution means— (A) a cash or share dividend; (B) a share repurchase; (C) a share redemption; (D) a share buyback; (E) a payment of interest or fee on a share of stock; and (F) any other transaction similar to a transaction described in any of subparagraphs (A) through (E). (3) Change in control The term change in control means a change in a legal right with respect to— (A) the power to vote more than 50 per centum of any class of voting securities of a corporation that engages in interstate commerce; or (B) any lesser per centum of any class of voting securities of a corporation that engages in interstate commerce that is sufficient to make the acquirer of such an interest a person that has the ability to direct the actions of that corporation. (4) Change in control transaction The term change in control transaction means a transaction, or a set of related transactions, that effectuates a change in control. (5) Commission The term Commission means the Securities and Exchange Commission. (6) Control person The term control person — (A) means— (i) a person— (I) that directly or indirectly owns, controls, or holds with power to vote, including through coordination with other persons, 20 percent or more of the outstanding voting interests of a corporation; or (II) that operates the business or substantially all of the property of a corporation under a lease or an operating or management agreement; (ii) a corporation, other than a target firm, that has 20 percent or more of its outstanding voting interests directly or indirectly owned, controlled, or held with power to vote by a person that directly or indirectly owns, controls, or holds with power to vote, including through coordination with other persons, 20 percent or more of the outstanding voting interests of another corporation; or (iii) a person that otherwise has the ability to direct the actions of a corporation; and (B) does not include a person that— (i) (I) is a limited partner with respect to a controlling private fund that is a partnership; (II) does not participate in the direction of the management or policy of a corporation; and (III) is not an insider with respect to the controlling private fund described in subclause (I); (ii) is a pension fund or employee welfare benefit plan, if neither the fund nor plan (as applicable), nor any beneficiary or affiliate of the benefit or plan, is an insider with respect to a controlling private fund; or (iii) holds the voting interests of a corporation solely— (I) in a fiduciary or agency capacity without sole discretionary power to vote the securities; or (II) to secure a debt, if the person has not— (aa) exercised the power to vote; or (bb) exercised any other governance rights with respect to the corporation. (7) Controlling private fund The term controlling private fund means a private fund that, directly or through an affiliate, becomes a control person with respect to a target firm through the change in control transaction with respect to the target firm. (8) Corporation The term corporation means— (A) a joint-stock company; (B) a company or partnership association organized under a law that makes only the capital subscribed or callable up to a specified amount responsible for the debts of the association, including a limited partnership and a limited liability company; (C) a trust; and (D) an association having a power or privilege that a private corporation, but not an individual or a partnership, possesses. (9) Employee welfare benefit plan The term employee welfare benefit plan has the meaning given the term in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). (10) Holder of an active interest The term holder of an active interest — (A) subject to subparagraph (B)(ii), means— (i) a person that directly or indirectly has the right to participate in the governance of a controlling private fund, without regard to the form or source of that right; and (ii) any insider with respect to a controlling private fund; and (B) does not include— (i) a person that— (I) holds an economic interest solely to secure a debt, if that person does not exercise any voting or other governance right with respect to the interest; (II) (aa) is a limited partner with respect to a controlling private fund that is a partnership; (bb) does not participate in the direction of the management or policy of a corporation; and (cc) is not an insider with respect to the controlling private fund described in item (aa); or (III) is a pension fund or employee welfare benefit plan, if neither the pension fund nor employee welfare benefit plan (as applicable), nor any affiliate or beneficiary of the pension fund or employee welfare benefit plan, is an insider with respect to, or affiliate of, a controlling private fund; or (ii) if the source of the right described in subparagraph (A)(i) is a security— (I) a person that is engaged in business as an underwriter of securities and that acquires that security through the good faith participation of the person in a firm commitment underwriting registered under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ), until the date that is 40 days after the date on which that acquisition occurs; or (II) a member of a national securities exchange solely because that member is the record holder of that security and, under the rules of that exchange— (aa) may direct the vote of that security, without instruction, on— (AA) other than contested matters; or (BB) matters that may substantially affect the rights or privileges of the holders of the security to be voted; and (bb) is otherwise precluded from voting without instruction. (11) Insider The term insider means any— (A) director of a corporation; (B) officer of a corporation; (C) managing agent of a corporation; (D) control person with respect to a corporation; (E) affiliate of a corporation; (F) general partner of a corporation that is a partnership; (G) consultant or contractor retained by a corporation; (H) affiliate, relative, or agent of a person described in any of subparagraphs (A) through (F); or (I) affiliate, relative, or agent of a person described in subparagraph (H). (12) Investment adviser The term investment adviser has the meaning given the term in section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) ). (13) Issuer The term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (14) National securities exchange The term national securities exchange means an exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). (15) Pension fund The term pension fund has the meaning given the term pension plan in section 3 of the Employee Retirement Security Act of 1974 ( 29 U.S.C. 1002 ). (16) Private fund The term private fund means a corporation that— (A) would be considered an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) but for the application of paragraph (1) or (7) of subsection (c) of such section 3; (B) is not a venture capital fund, as defined in section 275.203(l)–1 of title 17, Code of Federal Regulations, as in effect on the date of enactment of this Act; and (C) is not an institution selected under section 107 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4706 ). (17) Relative The term relative means an individual related by affinity or consanguinity within the third degree as determined by the common law, or individual in a step or adoptive relationship within such third degree. (18) Security The term security has the meaning given the term in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ). (19) Target firm The term target firm means a corporation that is acquired in a change in control transaction. I Corporate responsibility 101. Joint and several liability for controlling private funds and holders of active interests in controlling private funds (a) In general Notwithstanding any other provision of law, or the terms of any contract or agreement, a controlling private fund, and any holder of an active interest with respect to a controlling private fund, shall be jointly and severally liable for all liabilities of each target firm for which the controlling private fund is a control person, and for all liabilities of any affiliate of each such target firm, including— (1) any debt incurred by the target firm or an affiliate of the target firm, including as part of the acquisition of the target firm by the controlling private fund; (2) any Federal or State civil monetary penalty, or obligation under a settlement or consent order with a Federal or State governmental agency or instrumentality, including a consumer restitution obligation, for which the target firm, or an affiliate of the target firm, is liable; (3) any liability resulting from a violation of section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) by the target firm or an affiliate of the target firm; (4) any withdrawal liability determined under part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381 et seq. ) that is incurred by the target firm or an affiliate of the target firm; and (5) any claim for unfunded benefit liabilities owed to the Pension Benefit Guaranty Corporation under subtitle D of title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1361 et seq. ) with respect to the termination of a pension plan sponsored by the target firm or an affiliate of the target firm. (b) Rule of construction Nothing in this section may be construed to diminish existing, as of the date of enactment of this Act, controlled group liability under the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ). 102. Indemnification void as against public policy It shall be void as against public policy for a target firm, or an affiliate of a target firm, to indemnify a controlling private fund with respect to— (1) the target firm; (2) any affiliate of the target firm; or (3) any person that is the holder of an active interest in the controlling private fund with respect to the liabilities of that person under section 101. II Anti-looting 201. Limitations on post-acquisition dividends, distributions, redemptions, buybacks, and outsourcing (a) In general No target firm may, directly or indirectly, during the 2-year period beginning on the closing date of a change in control transaction that results in a private fund becoming a controlling private fund with respect to the target firm— (1) make a capital distribution or similarly reduce the equity capital of the target firm; (2) incur an obligation that commits the target firm to making a capital distribution or a similar reduction of the equity capital of the target firm after the end of that 2-year period; or (3) order a plant closing or mass layoff (as defined in section 2(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101(a) ) and relocate the trade or business conducted by the employees in the United States to one or more facilities outside the United States, in accordance with regulations issued by the Secretary of Labor. (b) Void Any transfer made or obligation incurred by a target firm or an affiliate with respect to a target firm in violation of subsection (a) shall be void. (c) Joint and several liability for aiders and abettors Any controlling private fund, any holder of an active interest in a controlling private fund, or any affiliate of a target firm that aids, abets, facilitates, supports, or instructs a target firm’s violation of subsection (a) shall be jointly and severally liable under this subsection for any transfer made or obligation incurred, including for reasonable attorney’s fees and costs awarded to a plaintiff under subsection (d)(2). (d) Cause of action (1) In general Any employee or creditor, or representative of an employee or creditor, of a target firm that is a debtor under title 11, United States Code, or of an affiliate of a target firm that is such a debtor, may bring an action in an appropriate district court of the United States against the direct or indirect transferee or obligee or beneficiary of the transfer or obligation to void the transfer or obligation and recover any transferred property for the target firm. (2) Award In a successful action to recover a transfer, the court shall also award the plaintiff reasonable attorney’s fees and costs. 202. Prevention of fraudulent transfers (a) Limitation on safe harbors Section 546(e) of title 11, United States Code, is amended by inserting after 548(b) of this title, the following: and except in the case of a transfer made in connection with a change in control transaction, as defined in section 3 of the Stop Wall Street Looting Act , or during the protected period, as defined in section 548(f) of this title, . (b) Presumption of insolvency in transfers undertaken in connection with change in control transactions Section 548 of title 11, United States Code, is amended by adding at the end the following: (f) (1) In this subsection— (A) the terms change in control transaction , control person , and target firm have the meanings given those terms in section 3 of the Stop Wall Street Looting Act ; and (B) the term protected period means the shorter of— (i) the 8-year period beginning on the date on which a change in control transaction closed; or (ii) the period beginning on the date on which a change in control transaction closed and ending on the earliest subsequent date on which a public offering of a controlling share of the common equity securities of the target firm occurs. (2) For purposes of this section, if the debtor is a target firm, the debtor is presumed to have made a transfer or incurred an obligation described in subparagraphs (A) and (B) of subsection (a)(1) if— (A) the transfer was made to or obligation was incurred by the debtor or an affiliate in connection with a change in control transaction; or (B) during a protected period— (i) the transfer was made by the debtor or an affiliate to a control person, an affiliate, or an insider; or (ii) the obligation was incurred by the debtor or an affiliate from a control person, an affiliate, or an insider. (3) For the purposes of this section, a court shall, in analyzing related transactions, link together as a single transaction any interrelated yet formally distinct steps in an integrated transaction (commonly known as the step transaction doctrine ). . (c) Statute of limitations (1) Title 11 Section 548 of title 11, United States Code, is amended— (A) in subsection (a)(1), by striking paragraph that was made or incurred on or within 2 years before the date of the filing of the petition and inserting that was made or incurred during the period described in subsection (g) ; and (B) adding at the end the following: (g) The trustee may avoid under subsection (a) a transfer of an interest of the debtor in property or any obligation incurred by the debtor on or within— (1) 8 years before the date of the filing of the petition if the transfer was made or obligation incurred in connection with a change in control transaction, as defined in section 3 of the Stop Wall Street Looting Act ; or (2) 2 years before the date of the filing of the petition for all other transfers and obligations. . (2) Title 28 Section 3306(b) of title 28, United States Code, is amended— (A) in paragraph (2), by striking or at the end; (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) within 8 years after the transfer was made or the obligation was incurred, if the transfer was made or the obligation was incurred— (A) in connection with a change in control transaction, as defined in section 3 of the Stop Wall Street Looting Act ; or (B) during a protected period, as defined in section 548(f) of title 11. . (d) Powers and duties of committees Section 1103(c) of title 11, United States Code, is amended— (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: (3) upon motion, undertake an examination of a director, officer, general partner, or person in control of the debtor regarding potential conflicts of interest; . (e) Elimination of sham independent directors Section 1107 of title 11, United States Code, is amended— (1) in subsection (a), by striking Subject to and inserting, Except as provided in subsection (c), subject to ; and (2) by adding at the end the following: (c) Notwithstanding subsection (a), if a debtor in possession is serving in a case under this title, a committee of creditors appointed under section 1102 of this title shall have the exclusive right of a trustee serving in a case under this chapter to bring or settle on behalf of the estate— (1) an action under section 544, 547, 548, or 553 to avoid a transfer made or obligation incurred by the debtor in connection with a change of control transaction, as defined in section 3 of the Stop Wall Street Looting Act ; or (2) an action against an insider, a former insider, or an agent or aider and abettor of an insider or former insider. . 203. Surtax on certain amounts received by investment firms from controlled target firms (a) Imposition of tax Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Surtax on certain amounts received by investment firms Sec. 59B. Surtax on certain amounts received by investment firms from controlled target firms. 59B. Surtax on certain amounts received by investment firms from controlled target firms (a) Imposition of tax (1) In general If one or more applicable payments are included in the gross income of a taxpayer for any taxable year, then there is hereby imposed on the taxpayer for the taxable year a tax equal to the applicable percentage of the aggregate amount of such payments. Such tax shall be in addition to any other tax imposed by this subtitle. (2) Applicable percentage For purposes of this subsection, the term applicable percentage means 100 percent, minus the highest rate of tax under section 1 or 11 (whichever is applicable) for the taxable year. (b) Applicable payment For purposes of this section— (1) In general The term applicable payment means any amount paid or incurred by an applicable entity (or any person related within the meaning of section 267(b) or 707(b) to such entity) to any other person which, at the time such amount is paid or incurred, is an applicable controlling entity. An amount shall be treated as an applicable payment without regard to whether it is paid or incurred to the taxpayer including it in gross income and to which subsection (a) applies. (2) Exceptions Such term shall not include any of the following: (A) Interest Any amount paid or incurred which is treated as interest for purposes of this chapter. (B) Distributions of property with respect to stock Any distribution of property (as defined in section 317(a)) to which section 301(a) applies. (c) Definitions relating to entities For purposes of this section— (1) Applicable entity The term applicable entity means any person— (A) which is engaged in the active conduct of a trade or business, and (B) with respect to which any other person conducts activities in connection with an applicable trade or business. (2) Applicable controlling entity The term applicable controlling entity means, with respect to any applicable entity, any person— (A) which is engaged in an applicable trade or business some or all of the activities of which are conducted in connection with the applicable entity, and (B) which controls (or is related within the meaning of section 267(b) or 707(b) to a person which controls) the applicable entity. (3) Applicable trade or business The term applicable trade or business means any activity conducted on a regular, continuous, and substantial basis which, regardless of whether the activity is conducted in one or more entities, consists, in whole or in part, of— (A) raising or returning capital, and (B) either— (i) investing in or disposing of specified assets (or identifying specified assets for such investing or disposition), or (ii) developing specified assets. (4) Specified asset The term specified asset means— (A) securities (as defined in section 475(c)(2) but without regard to the phrase widely held or publicly traded in subparagraph (B) thereof and without regard to the last sentence thereof), and (B) real estate held for rental or investment. (d) Rules and definitions relating to ownership attribution and control For purposes of this section— (1) Constructive ownership rules used in determining related party In determining whether persons are related within the meaning of section 267(b) or 707(b), the constructive ownership rules of section 318 shall apply in lieu of the constructive ownership rules which would otherwise apply, except that in applying such rules the term stock shall include capital, profits, or other beneficial interests in persons other than corporations. (2) Control (A) Corporations In the case of a corporation, the term control has the meaning given such term by section 304(c) (without regard to paragraph (3)(B) thereof). (B) Other entities In the case of a person other than a corporation, such term means the ownership, directly or indirectly, of at least 50 percent of the capital, profits, or other beneficial interests in the person. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this section, including regulations— (1) providing for such adjustments to the application of this section as are necessary to prevent the avoidance of the purposes of this section, including through the use of unrelated persons, or conduit transactions, and (2) modifying the constructive ownership rules under section 318 to the extent necessary to apply such rules to capital, profits, or other beneficial interests as well as stock. . (b) Disallowance of credits against tax Subparagraph (B) of section 26(b)(2) of the Internal Revenue Code of 1986 is amended by inserting or section 59B (relating to surtax on certain amounts received by investment firms from controlled target firms) after anti-abuse tax) . (c) Conforming amendments (1) The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to part VII the following new item: Part VIII. Surtax on certain amounts received by investment firms . (2) Section 871(b)(1) of such Code is amended by inserting , and as provided in section 59B on applicable payments included in gross income which are effectively connected with the conduct of a trade or business within the United States before the period. (3) Section 882(a)(1) of such Code is amended— (A) by striking 59A, and inserting 59A ; and (B) by inserting , and as provided in section 59B on applicable payments included in gross income which are effectively connected with the conduct of a trade or business within the United States before the period. (4) Subparagraph (A) of section 6425(c)(1) of such Code is amended by striking plus at the end of clause (i), by striking over at the end of clause (ii) and inserting and , and by adding at the end the following new clause: (iii) the tax imposed by section 59B, over . (5) Paragraph (1) of section 6654(f) of such Code is amended by striking tax each place it appears and inserting taxes . (6) Subparagraph (A) of section 6655(g)(1) of such Code is amended by striking plus at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: (iii) the tax imposed by section 59B, and . (d) Effective date The amendments made by this section shall apply to applicable payments (as defined in section 59B(b) of the Internal Revenue Code of 1986, as added by this section) paid or accrued on or after the date of the enactment of this Act. 204. Limitation on deduction for business interest of certain businesses owned by private funds (a) In general Section 163(j) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (11) as paragraph (12) and by inserting after paragraph (10) the following new paragraph: (11) Modification of limitation for certain businesses owned by private firms (A) In general In the case of a taxpayer which is an applicable entity controlled by an applicable controlling entity (or any person related within the meaning of section 267(b) or 707(b) to such entity) at any time during the taxable year— (i) if the ratio of debt to equity of the taxpayer as of the close of the taxable year (or on any other day during the taxable year as the Secretary may prescribe in regulations) exceeds 1, then paragraph (1) shall be applied by substituting a percentage that the Secretary determines appropriate (and which shall be not less than 30 percent) for 30 percent , and (ii) in the case of the election under paragraph (7)(B) to treat any trade or business of the taxpayer as an electing real property trade or business— (I) the taxpayer may not make any such election during such taxable year, and (II) any such election of the taxpayer in effect as of the close of the taxable year preceding such taxable year with respect to a trade or business shall be revoked, effective for such taxable year and all succeeding taxable years. (B) Ratio of debt to equity For purposes of this paragraph, the term ratio of debt to equity means, with respect to any taxpayer, the ratio which the total indebtedness of the taxpayer bears to the sum of the taxpayer's money and all other assets reduced (but not below zero) by such total indebtedness. For purposes of the preceding sentence— (i) the amount taken into account with respect to any asset shall be the adjusted basis thereof for purposes of determining gain, (ii) the amount taken into account with respect to any indebtedness with original issue discount shall be its issue price plus the portion of the original issue discount previously accrued as determined under the rules of section 1272 (determined without regard to subsection (a)(7) or (b)(4) thereof), and (iii) there shall be such other adjustments as the Secretary may by regulations prescribe. (C) Coordination with depreciation rules If the alternative depreciation system under section 168(g) applies to property by reason of an election under paragraph (7)(B) which is revoked under subparagraph (A)(ii)(II), then the depreciation deduction under section 167(a) with respect to such property for the taxable year of revocation and all succeeding taxable years shall be determined under section 168 in the same manner as if such revocation were a change in use of the property under section 168(i)(5) and the regulations thereunder. (D) Definitions and rules For purposes of this paragraph— (i) any term used in this paragraph which is also used in section 59B shall have the same meaning as when used in such section, and (ii) the constructive ownership rules of section 318 shall apply in the same manner as such rules apply for purposes of section 59B. . (b) Effective dates (1) In general The amendments made by this section shall apply to taxable years beginning on or after the date of enactment of this Act. (2) Revocation of elections Subparagraphs (A)(ii)(II) and (C) of section 163(j)(11) of the Internal Revenue Code of 1986, as added by this section, shall apply to taxable years beginning on or after the date of enactment of this Act, with respect to elections under section 163(j)(7)(B) of such Code made before, on, or after such date. III Protecting workers when companies go bankrupt 301. Increased priority for wages Section 507(a) of title 11, United States Code, is amended— (1) in paragraph (4)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) in the matter preceding clause (i), as so redesignated, by inserting (A) before Fourth ; (C) in subparagraph (A), as so designated, in the matter preceding clause (i), as so redesignated— (i) by striking $10,000 and inserting $20,000 ; (ii) by striking within 180 days ; and (iii) by striking or the date of the cessation of the debtor’s business, whichever occurs first ; and (D) by adding at the end the following: (B) Severance pay described in subparagraph (A)(i) shall be deemed earned in full upon the layoff or termination of employment of the individual to whom the severance pay is owed. ; and (2) in paragraph (5)— (A) in subparagraph (A)— (i) by striking within 180 days ; and (ii) by striking or the date of the cessation of the debtor’s business, whichever occurs first ; and (B) by striking subparagraph (B) and inserting the following: (B) for each such plan, to the extent of the number of employees covered by each such plan multiplied by $20,000. . 302. Priority for severance pay and contributions to employee welfare benefit plans Section 503(b) of title 11, United States Code, is amended— (1) in paragraph (8)(B), by striking and at the end; (2) in paragraph (9), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (10) severance pay owed to employees of the debtor (other than to an insider of the debtor or a senior executive officer of the debtor), under a plan, program, or policy generally applicable to employees of the debtor (but not under an individual contract of employment), or owed pursuant to a collective bargaining agreement, for layoff or termination on or after the date of the filing of the petition, which pay shall be deemed earned in full upon such layoff or termination of employment; and (11) any contribution due on or after the date of the filing of the petition under an employee welfare benefit plan, as defined in section 3 of the Stop Wall Street Looting Act . . 303. Priority for violations of Federal and State laws (a) Allowance of administrative expenses in bankruptcy cases Section 503(b)(1)(A)(ii) of title 11, United States Code, is amended by inserting after (ii) the following: any back pay, civil penalty, or damages for a violation of any Federal or State labor and employment law, including the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) and any comparable State law, and . (b) Administration and enforcement of worker adjustment and retraining notification requirements Section 5(a)(1) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104(a)(1) ) is amended, in the matter following subparagraph (B)— (1) by inserting which for purposes of this sentence shall consist of the days, in the notification period, that are or that follow the date of the prohibited closing or layoff under this Act, after period of the violation, ; and (2) by inserting calendar after 60 . 304. Limitation on executive compensation enhancements Section 503(c) of title 11, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting and subject to section 363(b)(3), after Notwithstanding subsection (b), ; (2) in paragraph (1), in the matter preceding subparagraph (A)— (A) by inserting , a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider) after insider of the debtor ; (B) by inserting or for the payment of performance or incentive compensation, a bonus of any kind, or any other financial return designed to replace or enhance incentive, stock, or other compensation in effect before the date of the commencement of the case, after remain with the debtor’s business, ; and (C) by inserting clear and convincing before evidence in the record ; (3) in paragraph (2), in the matter preceding subparagraph (A), by inserting , a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider) after an insider of the debtor ; and (4) by striking paragraph (3) and inserting the following: (3) any other transfer or obligation to or for the benefit of an insider of the debtor, a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider), absent a finding by the court, based upon clear and convincing evidence in the record, and without deference to a request by the debtor for such payment, that— (A) because of the essential and particularized nature of the services provided by the insider, executive officer, employee, manager, or consultant, the transfer or obligation is essential to— (i) the survival of the business of the debtor; or (ii) in a case in which some or all of the assets of the debtor are liquidated, the orderly liquidation of the assets; (B) in the case of a transfer or obligation under an incentive program, the transfer or obligation is part of a workforce incentive program generally applicable to the nonmanagement workforce of the debtor; and (C) the cost of the transfer or obligation— (i) is reasonable; (ii) is not excessive in the context of the financial circumstances of the debtor; and (iii) is not disproportionate in light of any economic loss incurred by the nonmanagement workforce of the debtor during the case. . 305. Prohibition against special compensation payments Section 363 of title 11, United States Code, is amended— (1) in subsection (b), by adding at the end the following: (3) No plan, program, or other transfer or obligation to or for the benefit of an insider of the debtor, a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider) shall be approved if the debtor has, on or after the date that is 1 year before the date of the filing of the petition— (A) discontinued any plan, program, policy or practice of paying severance pay to the nonmanagement workforce of the debtor; or (B) modified any plan, program, policy, or practice described in subparagraph (A) in order to reduce benefits under the plan, program, policy or practice. ; and (2) in subsection (c)(1), by inserting before the period at the end the following: , except that, for any transaction that constitutes a transfer or obligation subject to section 503(c), the trustee shall be required to obtain the prior approval of the court after notice and an opportunity for a hearing . 306. Executive compensation upon exit from bankruptcy Section 1129(a) of title 11, United States Code, is amended— (1) in paragraph (4), by adding at the end the following: Except for compensation subject to review under paragraph (5), any payment or other distribution under the plan to or for the benefit of an insider of the debtor, a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider), shall not be approved by the court except as part of a program of payments or distributions generally applicable to employees of the debtor, and only to the extent that the court determines that the payment or other distribution is not excessive or disproportionate in comparison to payments or other distributions to the nonmanagement workforce of the debtor. ; and (2) in paragraph (5)— (A) in subparagraph (A)(ii), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) the compensation disclosed pursuant to subparagraph (B) has been approved by, or is subject to the approval of, the court as— (i) reasonable in comparison to compensation paid to individuals holding comparable positions at comparable companies in the same industry; and (ii) not disproportionate in light of any economic concession made by the nonmanagement workforce of the debtor during the case. . 307. Collateral surcharge for employee obligations Section 506(c) of title 11, United States Code, is amended— (1) by inserting (1) before The trustee ; and (2) by adding at the end the following: (2) If one or more employees of the debtor have not received wages, accrued vacation, severance, or any other compensation owed under a plan, program, policy, or practice of the debtor, or pursuant to the terms of a collective bargaining agreement, for services rendered on or after the date of the commencement of the case, or the debtor has not made a contribution due under an employee welfare benefit plan, as defined in section 3 of the Stop Wall Street Looting Act , on or after the date of the commencement of the case, such unpaid obligations shall be— (A) deemed— (i) reasonable, necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim; and (ii) benefiting the holder of the allowed secured claim; and (B) recovered by the trustee for payment to the employees or the employee welfare benefit plan, as defined in section 3 of the Stop Wall Street Looting Act , as applicable, even if the trustee, or a predecessor or successor in interest, has otherwise waived the provisions of this subsection under an agreement with the holder of the allowed secured claim or a successor or predecessor in interest of the holder of the allowed secured claim. . 308. Voidability of preferential compensation transfers Section 547 of title 11, United States Code, is amended by adding at the end the following: (j) (1) The trustee may avoid a transfer to or for the benefit of an insider of the debtor, a senior executive officer of the debtor, or any of the 20 next most highly compensated employees of the debtor, department or division managers of the debtor, or consultants providing services to the debtor (regardless of whether the executive officer, employee, manager, or consultant is an insider), that— (A) is made or incurred under a retention, bonus, or incentive plan devised before the date of the filing of the petition; and (B) does not meet the requirements under section 363(b)(3) or 503(c). (2) Subsection (c) shall not constitute a defense against the recovery of a transfer under paragraph (1) of this subsection. (3) (A) The trustee, or a committee appointed under section 1102, may commence an action to recover a transfer under paragraph (1) of this subsection. (B) If neither the trustee nor a committee commences an action to recover a transfer under subparagraph (A) before the date of the commencement of a hearing on the confirmation of a plan, any party in interest may apply to the court for authority to recover the transfer for the benefit of the estate, in which case the costs of recovery shall be borne by the estate. . 309. Protection for employees in a sale of assets (a) Requirement relating to preserving jobs and maintaining terms and conditions relating to employment Section 363 of title 11, United States Code, is amended by adding at the end the following: (q) (1) In approving a sale or lease of property of the estate under this section, or under a plan under chapter 11, the court shall give substantial weight to the extent to which a prospective purchaser or lessee, respectively, of the property will— (A) preserve the jobs of the workforce of the debtor; and (B) maintain the terms and conditions of employment of the workforce of the debtor. (2) If there are two or more offers to purchase or lease property of the estate under this section, or under a plan under chapter 11, that qualify under the procedures for the sale or lease, respectively, approved by the court, the court shall approve the offer that best— (A) preserves the jobs of the workforce of the debtor; and (B) maintains the terms and conditions of employment of the workforce of the debtor. (r) (1) Any party seeking to purchase or lease property of the estate under this section, or under a plan under chapter 11, shall represent to the court the effect of such a transaction with respect to— (A) the preservation of the jobs of the workforce of the debtor; and (B) the maintenance of the terms and conditions of employment of the workforce of the debtor. (2) The court shall expressly include in an order approving a purchase or lease of property of the estate under this section, or under a plan under chapter 11, any representation made by a purchaser or lessee of the property under paragraph (1). (3) With respect to a purchase or lease of property of the estate under this section, or under a plan under chapter 11— (A) the court shall have jurisdiction over the purchaser or lessee of the property in order to enforce the terms of the order approving the purchase or lease; (B) the purchaser or lessee shall promptly disclose to the court any material noncompliance with the terms of the order described in subparagraph (A) and explain the basis for such noncompliance; and (C) with respect to material noncompliance described in subparagraph (B), the court may impose any appropriate remedy, including injunctive relief, to address the noncompliance. . (b) Plans under chapter 11 (1) Contents of plan Section 1123(b)(4) of title 11, United States Code, is amended by inserting , which sale shall be subject to the requirements under subsections (q) and (r) of section 363 of this title, after property of the estate . (2) Confirmation of plan Section 1129(a) of title 11, United States Code, is amended by adding at the end the following: (17) If the plan provides for the sale of all or substantially all of the property of the estate, the sale meets the requirements under subsections (q) and (r) of section 363 of this title. . 310. Protection of gift card purchasers (a) Definition of gift card Section 101(a) of title 11, United States Code, is amended by inserting after paragraph (26) the following: (26A) The term gift card means a paper or electronic promise, plastic card, or other payment code or device that is— (A) redeemable at— (i) a single merchant; or (ii) an affiliated group of merchants that share the same name, mark, or logo; (B) issued in a specified amount, regardless of whether that amount may be increased in value or reloaded at the request of the holder; (C) purchased on a prepaid basis in exchange for payment; and (D) honored by the single merchant or affiliated group of merchants described in subparagraph (A) upon presentation for goods or services. . (b) Consumer deposit Section 507(a) of title 11, United States Code, is amended by striking paragraph (7) and inserting the following: (7) Seventh, allowed unsecured claims of individuals, to the extent of $1,800 for each such individual, arising from the deposit, before the commencement of the case, of money in connection with— (A) the purchase, lease, or rental of property; (B) the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided; or (C) the purchase of a gift card with respect to which funds exist that have not been redeemed. . 311. Commercial real estate Section 365(d) of title 11, United States Code, is amended— (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). IV Closing the carried interest loophole 401. Amendment of 1986 Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 402. Partnership interests transferred in connection with performance of services (a) Modification to election To include partnership interest in gross income in year of transfer Subsection (c) of section 83 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Partnership interests Except as provided by the Secretary— (A) In general In the case of any transfer of an interest in a partnership in connection with the provision of services to (or for the benefit of) such partnership— (i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount of the distribution which the partner would receive if the partnership sold (at the time of the transfer) all of its assets at fair market value and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in liquidation of the partnership, and (ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. (B) Election The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2). . (b) Effective date The amendments made by this section shall apply to interests in partnerships transferred after the date of enactment of this Act. 403. Special rules for partners providing investment management services to partnerships (a) In general Part I of subchapter K of chapter 1 is amended by adding at the end the following new section: 710. Special rules for partners providing investment management services to partnerships (a) Treatment of distributive share of partnership items For purposes of this title, in the case of an investment services partnership interest— (1) In general Notwithstanding section 702(b)— (A) an amount equal to the net capital gain with respect to such interest for any partnership taxable year shall be treated as ordinary income, and (B) subject to the limitation of paragraph (2), an amount equal to the net capital loss with respect to such interest for any partnership taxable year shall be treated as an ordinary loss. (2) Recharacterization of losses limited to recharacterized gains The amount treated as ordinary loss under paragraph (1)(B) for any taxable year shall not exceed the excess (if any) of— (A) the aggregate amount treated as ordinary income under paragraph (1)(A) with respect to the investment services partnership interest for all preceding partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under paragraph (1)(B) with respect to such interest for all preceding partnership taxable years to which this section applies. (3) Allocation to items of gain and loss (A) Net capital gain The amount treated as ordinary income under paragraph (1)(A) shall be allocated ratably among the items of long-term capital gain taken into account in determining such net capital gain. (B) Net capital loss The amount treated as ordinary loss under paragraph (1)(B) shall be allocated ratably among the items of long-term capital loss and short-term capital loss taken into account in determining such net capital loss. (4) Terms relating to capital gains and losses For purposes of this section— (A) In general Net capital gain, long-term capital gain, and long-term capital loss, with respect to any investment services partnership interest for any taxable year, shall be determined under section 1222, except that such section shall be applied— (i) without regard to the recharacterization of any item as ordinary income or ordinary loss under this section, (ii) by only taking into account items of gain and loss taken into account by the holder of such interest under section 702 (other than subsection (a)(9) thereof) with respect to such interest for such taxable year, and (iii) by treating property which is taken into account in determining gains and losses to which section 1231 applies as capital assets held for more than 1 year. (B) Net capital loss The term net capital loss means the excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. Rules similar to the rules of clauses (i) through (iii) of subparagraph (A) shall apply for purposes of the preceding sentence. (5) Special rule for dividends Any dividend allocated with respect to any investment services partnership interest shall not be treated as qualified dividend income for purposes of section 1(h). (6) Special rule for qualified small business stock Section 1202 shall not apply to any gain from the sale or exchange of qualified small business stock (as defined in section 1202(c)) allocated with respect to any investment services partnership interest. (b) Dispositions of partnership interests (1) Gain (A) In general Any gain on the disposition of an investment services partnership interest shall be— (i) treated as ordinary income, and (ii) recognized notwithstanding any other provision of this subtitle. (B) Gift and transfers at death In the case of a disposition of an investment services partnership interest by gift or by reason of death of the taxpayer— (i) subparagraph (A) shall not apply, (ii) such interest shall be treated as an investment services partnership interest in the hands of the person acquiring such interest, and (iii) any amount that would have been treated as ordinary income under this subsection had the decedent sold such interest immediately before death shall be treated as an item of income in respect of a decedent under section 691. (2) Loss Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of— (A) the aggregate amount treated as ordinary income under subsection (a) with respect to such interest for all partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under subsection (a) with respect to such interest for all partnership taxable years to which this section applies. (3) Election with respect to certain exchanges Paragraph (1)(A)(ii) shall not apply to the contribution of an investment services partnership interest to a partnership in exchange for an interest in such partnership if— (A) the taxpayer makes an irrevocable election to treat the partnership interest received in the exchange as an investment services partnership interest, and (B) the taxpayer agrees to comply with such reporting and recordkeeping requirements as the Secretary may prescribe. (4) Distributions of partnership property (A) In general In the case of any distribution of property by a partnership with respect to any investment services partnership interest held by a partner, the partner receiving such property shall recognize gain equal to the excess (if any) of— (i) the fair market value of such property at the time of such distribution, over (ii) the adjusted basis of such property in the hands of such partner (determined without regard to subparagraph (C)). (B) Treatment of gain as ordinary income Any gain recognized by such partner under subparagraph (A) shall be treated as ordinary income to the same extent and in the same manner as the increase in such partner’s distributive share of the taxable income of the partnership would be treated under subsection (a) if, immediately prior to the distribution, the partnership had sold the distributed property at fair market value and all of the gain from such disposition were allocated to such partner. For purposes of applying subsection (a)(2), any gain treated as ordinary income under this subparagraph shall be treated as an amount treated as ordinary income under subsection (a)(1)(A). (C) Adjustment of basis In the case a distribution to which subparagraph (A) applies, the basis of the distributed property in the hands of the distributee partner shall be the fair market value of such property. (D) Special rules with respect to mergers and divisions In the case of a taxpayer which satisfies requirements similar to the requirements of subparagraphs (A) and (B) of paragraph (3), this paragraph and paragraph (1)(A)(ii) shall not apply to the distribution of a partnership interest if such distribution is in connection with a contribution (or deemed contribution) of any property of the partnership to which section 721 applies pursuant to a transaction described in section 708(b)(2). (c) Investment services partnership interest For purposes of this section— (1) In general The term investment services partnership interest means any interest in an investment partnership acquired or held by any person in connection with the conduct of a trade or business described in paragraph (2) by such person (or any person related to such person). An interest in an investment partnership held by any person— (A) shall not be treated as an investment services partnership interest for any period before the first date on which it is so held in connection with such a trade or business, (B) shall not cease to be an investment services partnership interest merely because such person holds such interest other than in connection with such a trade or business, and (C) shall be treated as an investment services partnership interest if acquired from a related person in whose hands such interest was an investment services partnership interest. (2) Businesses to which this section applies A trade or business is described in this paragraph if such trade or business primarily involves the performance of any of the following services with respect to assets held (directly or indirectly) by one or more investment partnerships referred to in paragraph (1): (A) Advising as to the advisability of investing in, purchasing, or selling any specified asset. (B) Managing, acquiring, or disposing of any specified asset. (C) Arranging financing with respect to acquiring specified assets. (D) Any activity in support of any service described in subparagraphs (A) through (C). (3) Investment partnership (A) In general The term investment partnership means any partnership if, at the end of any two consecutive calendar quarters ending after the date of enactment of this section— (i) substantially all of the assets of the partnership are specified assets (determined without regard to any section 197 intangible within the meaning of section 197(d)), and (ii) less than 75 percent of the capital of the partnership is attributable to qualified capital interests which constitute property held in connection with a trade or business of the owner of such interest. (B) Look-through of certain wholly owned entities for purposes of determining assets of the partnership (i) In general For purposes of determining the assets of a partnership under subparagraph (A)(i)— (I) any interest in a specified entity shall not be treated as an asset of such partnership, and (II) such partnership shall be treated as holding its proportionate share of each of the assets of such specified entity. (ii) Specified entity For purposes of clause (i), the term specified entity means, with respect to any partnership (hereafter referred to as the upper-tier partnership), any person which engages in the same trade or business as the upper-tier partnership and is— (I) a partnership all of the capital and profits interests of which are held directly or indirectly by the upper-tier partnership, or (II) a foreign corporation which does not engage in a trade or business in the United States and all of the stock of which is held directly or indirectly by the upper-tier partnership. (C) Special rules for determining if property held in connection with trade or business (i) In general Except as otherwise provided by the Secretary, solely for purposes of determining whether any interest in a partnership constitutes property held in connection with a trade or business under subparagraph (A)(ii)— (I) a trade or business of any person closely related to the owner of such interest shall be treated as a trade or business of such owner, (II) such interest shall be treated as held by a person in connection with a trade or business during any taxable year if such interest was so held by such person during any 3 taxable years preceding such taxable year, and (III) paragraph (5)(B) shall not apply. (ii) Closely related persons For purposes of clause (i)(I), a person shall be treated as closely related to another person if, taking into account the rules of section 267(c), the relationship between such persons is described in— (I) paragraph (1) or (9) of section 267(b), or (II) section 267(b)(4), but solely in the case of a trust with respect to which each current beneficiary is the grantor or a person whose relationship to the grantor is described in paragraph (1) or (9) of section 267(b). (D) Anti-abuse rules The Secretary may issue regulations or other guidance which prevent the avoidance of the purposes of subparagraph (A), including regulations or other guidance which treat convertible and contingent debt (and other debt having the attributes of equity) as a capital interest in the partnership. (E) Controlled groups of entities (i) In general In the case of a controlled group of entities, if an interest in the partnership received in exchange for a contribution to the capital of the partnership by any member of such controlled group would (in the hands of such member) constitute property held in connection with a trade or business, then any interest in such partnership held by any member of such group shall be treated for purposes of subparagraph (A) as constituting (in the hands of such member) property held in connection with a trade or business. (ii) Controlled group of entities For purposes of clause (i), the term controlled group of entities means a controlled group of corporations as defined in section 1563(a)(1), applied without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). (F) Special rule for corporations For purposes of this paragraph, in the case of a corporation, the determination of whether property is held in connection with a trade or business shall be determined as if the taxpayer were an individual. (4) Specified asset The term specified asset means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate held for rental or investment, interests in partnerships, commodities (as defined in section 475(e)(2)), cash or cash equivalents, or options or derivative contracts with respect to any of the foregoing. (5) Related persons (A) In general A person shall be treated as related to another person if the relationship between such persons is described in section 267(b) or 707(b). (B) Attribution of partner services Any service described in paragraph (2) which is provided by a partner of a partnership shall be treated as also provided by such partnership. (d) Exception for certain capital interests (1) In general In the case of any portion of an investment services partnership interest which is a qualified capital interest, all items of gain and loss (and any dividends) which are allocated to such qualified capital interest shall not be taken into account under subsection (a) if— (A) allocations of items are made by the partnership to such qualified capital interest in the same manner as such allocations are made to other qualified capital interests held by partners who do not provide any services described in subsection (c)(2) and who are not related to the partner holding the qualified capital interest, and (B) the allocations made to such other interests are significant compared to the allocations made to such qualified capital interest. (2) Authority to provide exceptions to allocation requirements To the extent provided by the Secretary in regulations or other guidance— (A) Allocations to portion of qualified capital interest Paragraph (1) may be applied separately with respect to a portion of a qualified capital interest. (B) No or insignificant allocations to nonservice providers In any case in which the requirements of paragraph (1)(B) are not satisfied, items of gain and loss (and any dividends) shall not be taken into account under subsection (a) to the extent that such items are properly allocable under such regulations or other guidance to qualified capital interests. (C) Allocations to service providers’ qualified capital interests which are less than other allocations Allocations shall not be treated as failing to meet the requirement of paragraph (1)(A) merely because the allocations to the qualified capital interest represent a lower return than the allocations made to the other qualified capital interests referred to in such paragraph. (3) Special rule for changes in services and capital contributions In the case of an interest in a partnership which was not an investment services partnership interest and which, by reason of a change in the services with respect to assets held (directly or indirectly) by the partnership or by reason of a change in the capital contributions to such partnership, becomes an investment services partnership interest, the qualified capital interest of the holder of such partnership interest immediately after such change shall not, for purposes of this subsection, be less than the fair market value of such interest (determined immediately before such change). (4) Special rule for tiered partnerships Except as otherwise provided by the Secretary, in the case of tiered partnerships, all items which are allocated in a manner which meets the requirements of paragraph (1) to qualified capital interests in a lower-tier partnership shall retain such character to the extent allocated on the basis of qualified capital interests in any upper-tier partnership. (5) Exception for no-self-charged carry and management fee provisions Except as otherwise provided by the Secretary, an interest shall not fail to be treated as satisfying the requirement of paragraph (1)(A) merely because the allocations made by the partnership to such interest do not reflect the cost of services described in subsection (c)(2) which are provided (directly or indirectly) to the partnership by the holder of such interest (or a related person). (6) Special rule for dispositions In the case of any investment services partnership interest any portion of which is a qualified capital interest, subsection (b) shall not apply to so much of any gain or loss as bears the same proportion to the entire amount of such gain or loss as— (A) the distributive share of gain or loss that would have been allocated to the qualified capital interest (consistent with the requirements of paragraph (1)) if the partnership had sold all of its assets at fair market value immediately before the disposition, bears to (B) the distributive share of gain or loss that would have been so allocated to the investment services partnership interest of which such qualified capital interest is a part. (7) Qualified capital interest For purposes of this section— (A) In general The term qualified capital interest means so much of a partner’s interest in the capital of the partnership as is attributable to— (i) the fair market value of any money or other property contributed to the partnership in exchange for such interest (determined without regard to section 752(a)), (ii) any amounts which have been included in gross income under section 83 with respect to the transfer of such interest, and (iii) the excess (if any) of— (I) any items of income and gain taken into account under section 702 with respect to such interest, over (II) any items of deduction and loss so taken into account. (B) Adjustment to qualified capital interest (i) Distributions and losses The qualified capital interest shall be reduced by distributions from the partnership with respect to such interest and by the excess (if any) of the amount described in subparagraph (A)(iii)(II) over the amount described in subparagraph (A)(iii)(I). (ii) Special rule for contributions of property In the case of any contribution of property described in subparagraph (A)(i) with respect to which the fair market value of such property is not equal to the adjusted basis of such property immediately before such contribution, proper adjustments shall be made to the qualified capital interest to take into account such difference consistent with such regulations or other guidance as the Secretary may provide. (C) Technical terminations, etc., disregarded No increase or decrease in the qualified capital interest of any partner shall result from a termination, merger, consolidation, or division described in section 708, or any similar transaction. (8) Treatment of certain loans (A) Proceeds of partnership loans not treated as qualified capital interest of service providing partners For purposes of this subsection, an investment services partnership interest shall not be treated as a qualified capital interest to the extent that such interest is acquired in connection with the proceeds of any loan or other advance made or guaranteed, directly or indirectly, by any other partner or the partnership (or any person related to any such other partner or the partnership). The preceding sentence shall not apply to the extent the loan or other advance is repaid before the date of enactment of this section unless such repayment is made with the proceeds of a loan or other advance described in the preceding sentence. (B) Reduction in allocations to qualified capital interests for loans from nonservice-providing partners to the partnership For purposes of this subsection, any loan or other advance to the partnership made or guaranteed, directly or indirectly, by a partner not providing services described in subsection (c)(2) to the partnership (or any person related to such partner) shall be taken into account in determining the qualified capital interests of the partners in the partnership. (9) Special rule for qualified family partnerships (A) In general In the case of any specified family partnership interest, paragraph (1)(A) shall be applied without regard to the phrase and who are not related to the partner holding the qualified capital interest . (B) Specified family partnership interest For purposes of this paragraph, the term specified family partnership interest means any investment services partnership interest if— (i) such interest is an interest in a qualified family partnership, (ii) such interest is held by a natural person or by a trust with respect to which each beneficiary is a grantor or a person whose relationship to the grantor is described in section 267(b)(1), and (iii) all other interests in such qualified family partnership with respect to which significant allocations are made (within the meaning of paragraph (1)(B) and in comparison to the allocations made to the interest described in clause (ii)) are held by persons who— (I) are related to the natural person or trust referred to in clause (ii), or (II) provide services described in subsection (c)(2). (C) Qualified family partnership For purposes of this paragraph, the term qualified family partnership means any partnership if— (i) all of the capital and profits interests of such partnership are held by— (I) specified family members, (II) any person closely related (within the meaning of subsection (c)(3)(C)(ii)) to a specified family member, or (III) any other person (not described in subclause (I) or (II)) if such interest is an investment services partnership interest with respect to such person, and (ii) such partnership does not hold itself out to the public as an investment advisor. (D) Specified family members For purposes of subparagraph (C), individuals shall be treated as specified family members if such individuals would be treated as one person under the rules of section 1361(c)(1) if the applicable date (within the meaning of subparagraph (B)(iii) thereof) were the latest of— (i) the date of the establishment of the partnership, (ii) the earliest date that the common ancestor holds a capital or profits interest in the partnership, or (iii) the date of enactment of this section. (e) Other income and gain in connection with investment management services (1) In general If— (A) a person performs (directly or indirectly) investment management services for any investment entity, (B) such person holds (directly or indirectly) a disqualified interest with respect to such entity, and (C) the value of such interest (or payments thereunder) is substantially related to the amount of income or gain (whether or not realized) from the assets with respect to which the investment management services are performed, any income or gain with respect to such interest shall be treated as ordinary income. Rules similar to the rules of subsections (a)(5) and (d) shall apply for purposes of this subsection. (2) Definitions For purposes of this subsection— (A) Disqualified interest (i) In general The term disqualified interest means, with respect to any investment entity— (I) any interest in such entity other than indebtedness, (II) convertible or contingent debt of such entity, (III) any option or other right to acquire property described in subclause (I) or (II), and (IV) any derivative instrument entered into (directly or indirectly) with such entity or any investor in such entity. (ii) Exceptions Such term shall not include— (I) a partnership interest, (II) except as provided by the Secretary, any interest in a taxable corporation, and (III) except as provided by the Secretary, stock in an S corporation. (B) Taxable corporation The term taxable corporation means— (i) a domestic C corporation, or (ii) a foreign corporation substantially all of the income of which is— (I) effectively connected with the conduct of a trade or business in the United States, or (II) subject to a comprehensive foreign income tax (as defined in section 457A(d)(2)). (C) Investment management services The term investment management services means a substantial quantity of any of the services described in subsection (c)(2). (D) Investment entity The term investment entity means any entity which, if it were a partnership, would be an investment partnership. (f) Exception for domestic C corporations Except as otherwise provided by the Secretary, in the case of a domestic C corporation— (1) subsections (a) and (b) shall not apply to any item allocated to such corporation with respect to any investment services partnership interest (or to any gain or loss with respect to the disposition of such an interest), and (2) subsection (e) shall not apply. (g) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to— (1) require such reporting and recordkeeping by any person in such manner and at such time as the Secretary may prescribe for purposes of enabling the partnership to meet the requirements of section 6031 with respect to any item described in section 702(a)(9), (2) provide modifications to the application of this section (including treating related persons as not related to one another) to the extent such modification is consistent with the purposes of this section, (3) prevent the avoidance of the purposes of this section (including through the use of qualified family partnerships), and (4) coordinate this section with the other provisions of this title. (h) Cross reference For 40-percent penalty on certain underpayments due to the avoidance of this section, see section 6662. . (b) Application of section 751 to indirect dispositions of investment services partnership interests (1) In general Subsection (a) of section 751 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (2) Certain distributions treated as sales or exchanges Subparagraph (A) of section 751(b)(1) is amended by striking or at the end of clause (i), by inserting or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) investment services partnership interests held by the partnership, . (3) Application of special rules in the case of tiered partnerships Subsection (f) of section 751 is amended— (A) by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) an investment services partnership interest held by the partnership, ; and (B) by striking partner. and inserting partner (other than a partnership in which it holds an investment services partnership interest). . (4) Investment services partnership interests; qualified capital interests Section 751 is amended by adding at the end the following new subsection: (g) Investment services partnership interests For purposes of this section— (1) In general The term investment services partnership interest has the meaning given such term by section 710(c). (2) Adjustments for qualified capital interests The amount to which subsection (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as is attributable to any portion of the investment services partnership interest which is a qualified capital interest (determined under rules similar to the rules of section 710(d)). (3) Exception for publicly traded partnerships Except as otherwise provided by the Secretary, in the case of an exchange of an interest in a publicly traded partnership (as defined in section 7704) to which subsection (a) applies— (A) this section shall be applied without regard to subsections (a)(3), (b)(1)(A)(iii), and (f)(3), and (B) such partnership shall be treated as owning its proportionate share of the property of any other partnership in which it is a partner. (4) Recognition of gains Any gain with respect to which subsection (a) applies by reason of paragraph (3) thereof shall be recognized notwithstanding any other provision of this title. (5) Coordination with inventory items An investment services partnership interest held by the partnership shall not be treated as an inventory item of the partnership. (6) Prevention of double counting Under regulations or other guidance prescribed by the Secretary, subsection (a)(3) shall not apply with respect to any amount to which section 710 applies. (7) Valuation methods The Secretary shall prescribe regulations or other guidance which provide the acceptable methods for valuing investment services partnership interests for purposes of this section. . (c) Treatment for purposes of section 7704 Subsection (d) of section 7704 is amended by adding at the end the following new paragraph: (6) Income from certain carried interests not qualified (A) In general Specified carried interest income shall not be treated as qualifying income. (B) Specified carried interest income For purposes of this paragraph— (i) In general The term specified carried interest income means— (I) any item of income or gain allocated to an investment services partnership interest (as defined in section 710(c)) held by the partnership, (II) any gain on the disposition of an investment services partnership interest (as so defined) or a partnership interest to which (in the hands of the partnership) section 751 applies, and (III) any income or gain taken into account by the partnership under subsection (b)(4) or (e) of section 710. (ii) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of clause (i). (C) Coordination with other provisions Subparagraph (A) shall not apply to any item described in paragraph (1)(E) (or so much of paragraph (1)(F) as relates to paragraph (1)(E)). (D) Special rules for certain partnerships (i) Certain partnerships owned by real estate investment trusts Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Such partnership is treated as publicly traded under this section solely by reason of interests in such partnership being convertible into interests in a real estate investment trust which is publicly traded. (II) Fifty percent or more of the capital and profits interests of such partnership are owned, directly or indirectly, at all times during the taxable year by such real estate investment trust (determined with the application of section 267(c)). (III) Such partnership meets the requirements of paragraphs (2), (3), and (4) of section 856(c). (ii) Certain partnerships owning other publicly traded partnerships Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Substantially all of the assets of such partnership consist of interests in one or more publicly traded partnerships (determined without regard to subsection (b)(2)). (II) Substantially all of the income of such partnership is ordinary income or section 1231 gain (as defined in section 1231(a)(3)). (E) Transitional rule Subparagraph (A) shall not apply to any taxable year of the partnership beginning before the date which is 10 years after the date of enactment of this paragraph. . (d) Imposition of penalty on underpayments (1) In general Subsection (b) of section 6662 is amended by inserting after paragraph (9) the following new paragraph: (10) The application of section 710(e) or the regulations or other guidance prescribed under section 710(g) to prevent the avoidance of the purposes of section 710. . (2) Amount of penalty (A) In general Section 6662 is amended by adding at the end the following new subsection: (m) Increase in penalty in case of property transferred for investment management services In the case of any portion of an underpayment to which this section applies by reason of subsection (b)(10), subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent . . (B) Conforming amendment Subparagraph (B) of section 6662A(e)(2) is amended by striking or (i) and inserting , (i), or (m) . (3) Special rules for application of reasonable cause exception Subsection (c) of section 6664 is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (B) by striking paragraph (3) in paragraph (5)(A), as so redesignated, and inserting paragraph (4) ; and (C) by inserting after paragraph (2) the following new paragraph: (3) Special rule for underpayments attributable to investment management services (A) In general Paragraph (1) shall not apply to any portion of an underpayment to which section 6662 applies by reason of subsection (b)(10) unless— (i) the relevant facts affecting the tax treatment of the item are adequately disclosed, (ii) there is or was substantial authority for such treatment, and (iii) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment. (B) Rules relating to reasonable belief Rules similar to the rules of subsection (d)(4) shall apply for purposes of subparagraph (A)(iii). . (e) Income and loss from investment services partnership interests taken into account in determining net earnings from self-Employment (1) Internal Revenue Code (A) In general Section 1402(a) is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ; and , and by inserting after paragraph (17) the following new paragraph: (18) notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) with respect to any entity, investment services partnership income or loss (as defined in subsection (m)) of such individual with respect to such entity shall be taken into account in determining the net earnings from self-employment of such individual. . (B) Investment services partnership income or loss Section 1402 is amended by adding at the end the following new subsection: (m) Investment services partnership income or loss For purposes of subsection (a)— (1) In general The term investment services partnership income or loss means, with respect to any investment services partnership interest (as defined in section 710(c)) or disqualified interest (as defined in section 710(e)), the net of— (A) the amounts treated as ordinary income or ordinary loss under subsections (b) and (e) of section 710 with respect to such interest, (B) all items of income, gain, loss, and deduction allocated to such interest, and (C) the amounts treated as realized from the sale or exchange of property other than a capital asset under section 751 with respect to such interest. (2) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of applying paragraph (1)(B). . (2) Social Security Act Section 211(a) of the Social Security Act is amended by striking and at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ; and , and by inserting after paragraph (16) the following new paragraph: (17) Notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) of the Internal Revenue Code of 1986 with respect to any entity, investment services partnership income or loss (as defined in section 1402(m) of such Code) shall be taken into account in determining the net earnings from self-employment of such individual. . (f) Separate accounting by partner Section 702(a) is amended by striking and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , and , and by inserting after paragraph (8) the following: (9) any amount treated as ordinary income or loss under subsection (a), (b), or (e) of section 710. . (g) Conforming amendments (1) Subsection (d) of section 731 is amended by inserting section 710(b)(4) (relating to distributions of partnership property), after to the extent otherwise provided by . (2) Section 741 is amended by inserting or section 710 (relating to special rules for partners providing investment management services to partnerships) before the period at the end. (3) The table of sections for part I of subchapter K of chapter 1 is amended by adding at the end the following new item: Sec. 710. Special rules for partners providing investment management services to partnerships. . (4) (A) Part IV of subchapter O of chapter 1 is amended by striking section 1061. (B) The table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1061. (h) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after the date of enactment of this Act. (2) Partnership taxable years which include effective date In applying section 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the case of any partnership taxable year which includes the date of enactment of this Act, the amount of the net capital gain referred to in such section shall be treated as being the lesser of the net capital gain for the entire partnership taxable year or the net capital gain determined by only taking into account items attributable to the portion of the partnership taxable year which is after such date. (3) Dispositions of partnership interests (A) In general Section 710(b) of such Code (as added by this section) shall apply to dispositions and distributions after the date of enactment of this Act. (B) Indirect dispositions The amendments made by subsection (b) shall apply to transactions after the date of enactment of this Act. (4) Other income and gain in connection with investment management services Section 710(e) of such Code (as added by this section) shall take effect on the date of enactment of this Act. V Investor protection and market transparency 501. Disclosure of fees and returns The Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ) is amended by adding at the end the following: 66. Disclosure of fees and returns (a) Definitions In this section— (1) the terms controlling private fund , private fund , and target firm have the meanings given the terms in section 3 of the Stop Wall Street Looting Act ; and (2) the term expenditure for political activities — (A) means— (i) an independent expenditure, as that term is defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) ); (ii) a disbursement for an electioneering communication, as that term is defined in section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3) ) or any other public communication, as defined in section 301(22) of that Act ( 52 U.S.C. 30101(22) ), that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or (iii) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in clause (i) or (ii); and (B) does not include an expenditure for— (i) direct lobbying efforts through registered lobbyists employed or hired by a controlling private fund; (ii) communications by a controlling private fund to— (I) a partner of the fund or executive or administrative personnel with respect to the fund; or (II) a family member of any individual described in subclause (I); or (iii) the establishment and administration of contributions to a separate segregated private fund to be utilized for political purposes by a controlling private fund. (b) Rules Not later than 1 year after the date of enactment of this section, the Commission shall issue final rules that require a controlling private fund to, using generally accepted accounting principles, annually report the following information with respect to that controlling private fund: (1) The name, address, and vintage year of the fund. (2) The name of each general partner of the fund. (3) The name of each limited partner of the fund. (4) A list of each entity with respect to which the fund owns an equity interest. (5) In dollars, the total amount of regulatory assets under management by the fund. (6) In dollars, the total amount of net assets under management by the fund. (7) The percentage of fund equity contributed by the general partners of the fund and the percentage of fund equity contributed by the limited partners of the fund. (8) Information on the debt owed by the fund, including— (A) the dollar amount of total debt; (B) the percentage of debt for which the creditor is a financial institution in the United States; (C) the percentage of debt for which the creditor is a financial institution outside of the United States; (D) the percentage of debt for which the creditor is an entity that is located in the United States and is not a financial institution; and (E) the percentage of debt for which the creditor is an entity that is located outside of the United States and is not a financial institution. (9) The gross performance of the fund during the year covered by the report. (10) For the year covered by the report, the difference obtained by subtracting the financial gains of the fund by the fees that the general partners of the fund charged to the limited partners of the fund (commonly referred to as the performance net of fees ). (11) For the year covered by the report, an annual financial statement, which shall include income statements, a balance sheet, and cash flow statements. (12) The average debt-to-equity ratio of each target firm with respect to the fund and the debt-to-equity ratio of each such target firm. (13) The total gross asset value of each target firm with respect to the fund and the gross asset value of each such target firm. (14) The total amount of debt held by each target firm with respect to the fund and the total amount of debt held by each such target firm. (15) The total amount of debt held by each target firm with respect to the fund that, as of the date on which the report is submitted, are categorized as liabilities, long-term liabilities, and payment in kind or zero coupon debt. (16) The total number of target firms with respect to the fund that experienced default during the period covered by the report, including the name of any such target firm. (17) The total number of the target firms with respect to the fund with respect to which a case was commenced under title 11, United States Code, during the period covered by the report, including the name of any such target firm. (18) The percentage of the equity of the fund that is owned by— (A) citizens of the United States; (B) individuals who are not citizens of the United States; (C) brokers or dealers; (D) insurance companies; (E) investment companies that are registered with the Commission under this Act; (F) private funds and other investment companies not required to be registered with the Commission; (G) nonprofit organizations; (H) pension plans maintained by State or local governments (or an agency or instrumentality of either); (I) pension plans maintained by nongovernmental employers; (J) State or municipal government entities; (K) banking or thrift institutions; (L) sovereign wealth funds; and (M) other investors. (19) The total dollar amount of aggregate fees and expenses collected by the fund, the manager of the fund, or related parties from target firms for which the fund is a controlling private fund, which shall— (A) be categorized by the type of fee; and (B) include a description of the purpose of the fees. (20) The total dollar amount of aggregate fees and expenses collected by the fund, the manager of the fund, or related parties from the limited partners of the fund, which shall— (A) be categorized by the type of fee; and (B) include a description of the purpose of the fees. (21) The total carried interest claimed by the fund, the manager of the fund, or related parties and the total dollar amount of carried interest distributed to the limited partners of the fund. (22) A description of, during the year covered by the report, any material changes in risk factors at the fund level, including— (A) concentration risk; (B) foreign exchange risk; and (C) extra-financial risk, including environmental, social, and corporate governance risk. (23) Disclosures that satisfy the Recommendations of the Task Force on Climate-related Financial Disclosures of the Financial Stability Board, as reported in June 2017. (24) A description of the human capital management practices of the fund, including— (A) fund workforce demographic information, including the number of full-time employees, the number of part-time employees, the number of contingent workers (including temporary and contract workers), and any policies or practices of the firm relating to subcontracting, outsourcing, and insourcing; (B) fund workforce composition, including data on the diversity of that workforce, including the racial and gender composition of that workforce, and any policies and audits relating to the diversity of that workforce; and (C) any incident of alleged workplace harassment during the 5 years preceding the year in which the report is submitted. (25) A description of any expenditure for political activities made during the year preceding the year in which the report is submitted, including— (A) the date on which each such expenditure for political activities was made; (B) the amount of each such expenditure for political activities; (C) if such an expenditure for political activities was made in support of, or in opposition to, a candidate, the name of the candidate, the office sought by the candidate, and the political party affiliation of the candidate; (D) a summary of— (i) each such expenditure for political activities that is in amount that is not less than $10,000; and (ii) each expenditure for political activities with respect to a particular election if the total amount of expenditures for political activities by the firm with respect to that election is in an amount that is not less than $10,000; (E) a description of the specific nature of any expenditure for political activities that the firm intends to make for the year in which the report is submitted, to the extent that the specific nature is known to the firm; and (F) the total amount of expenditures for political activities that the fund intends to make for the year in which the report is submitted. (26) For the year preceding the year in which the report is submitted, the total amount of Federal support, if any, received by— (A) the fund; and (B) any entity with respect to which the fund is a beneficial owner, as that term is defined in section 5336(a)(3) of title 31, United States Code. (27) Any other information that the Commission determines is necessary and appropriate for the protection of investors. (c) Periodic review The Commission shall, with respect to the rules issued under subsection (b)— (1) review the rules once every 5 years; and (2) revise the rules as necessary to ensure that the disclosures required under the rules reflect contemporary (as of the date on which the rules are revised) trends and characteristics with respect to private investment markets. (d) Public availability Notwithstanding any provision of section 204 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–4 ), the information disclosed under the rules issued under subsection (b) shall be made available to the public. . 502. Fiduciary obligations (a) Fiduciary duties under ERISA (1) Plan assets Section 401(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1101(b)(1) ) is amended— (A) by inserting or a private fund (as defined in section 3 of the Stop Wall Street Looting Act ) before , the assets ; and (B) by inserting or such private fund, as applicable before the period at the end. (2) Fiduciary obligations of fund managers Section 3(21)(A) of such Act ( 29 U.S.C. 1002(21) ) is amended by inserting , and, in the case of a plan which invests in a security issued by a private fund (as such term is defined in section 3 of the Stop Wall Street Looting Act ), includes the manager of such private fund before the period at the end. (b) Prohibition against waiving fiduciary duties Section 211(h) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–11(h) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) promulgate rules that prohibit an investment adviser from requiring any person to which the investment adviser provides investment advice, including a pension plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 )) that is subject to title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ), to, as a condition of the investment adviser providing that advice, sign a contract or other agreement in which that person waives a fiduciary duty owed by that person to another person. . (c) Applicability of benefits The general partner of a controlling private fund that is a partnership may not provide any term or benefit to any limited partner of the fund unless the general partner provides that term or benefit to all limited partners of the fund. 503. Disclosures relating to the marketing of private equity funds Any investment adviser to a private fund shall disclose to potential investors with respect to the other private funds, as defined in section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) ), managed by that investment adviser (referred to in this section as managed firms ) the following information: (1) A list of all managed firms with respect to the investment adviser, including those managed firms that, as of the date on which the disclosure is made— (A) have active investments; and (B) have liquidated the assets of the firms. (2) For each managed firm listed under paragraph (1), the following information: (A) As applicable, the total term of the listed firm beginning with the commencement of the commitment period with respect to the firm and ending on the date on which the firm is dissolved, including, with respect to a listed firm that, as of the date on which the disclosure is made, is actively investing— (i) the term specified by any limited partnership agreement; and (ii) the nature of any provisions that would allow for the extension of that term. (B) The performance of the listed firm’s net of fees, as measured by the public market equivalent or a similar measure. (C) A list of target firms with respect to which the listed firm was a control person, the nature of the control person relationship, and the period of that control. (D) The number of employees at each target firm identified under subparagraph (C), as of the date on which the listed firm became a control person with respect to the target firm, and the date on which the listed firm ceased to be a control person with respect to the target firm. (E) A list of target firms with respect to the listed firm with respect to which a case has been commenced under title 11, United States Code. (F) For each target firm with respect to the listed firm, and with respect to which the listed firm is a control person— (i) a list of actions taken by any State or local regulatory agency; and (ii) any legal or regulatory penalties paid, or settlements entered into, by the general partners of the target firm or the target firm itself. (3) The percentage breakdown of the means employed by the investment adviser to divest ownership or control of target firms, including— (A) the sale of target firms to other private funds; (B) the sale of target firms to private entities, other than private funds; (C) the sale of target firms to issuers, the securities of which are traded on a national securities exchange; (D) the commencement of cases under title 11, United States Code, with respect to target firms; and (E) initial public offerings with respect to target firms. VI Restrictions on securitizing risky corporate debt 601. Risk retention requirements for securitization of corporate debt Section 15G of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–11 ) is amended— (1) in subsection (a)(3)— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking and at the end and inserting or ; and (C) by adding at the end the following: (C) a manager of a collateralized debt obligation; and ; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting after subsection (h) the following: (i) Rules of construction With respect to a securitizer described in subsection (a)(3)(C)— (1) any provision of this section that requires that securitizer to retain a portion of the credit risk for an asset that such securitizer does not hold, or has never held, shall be construed as requiring that securitizer to— (A) obtain that portion of the credit risk for that asset; and (B) retain that portion of the credit risk, either directly by the securitizer or through a wholly-owned affiliate of the securitizer; and (2) any reference in this section to an asset transferred by the securitizer shall be construed to include any transfer caused by the securitizer. . VII Miscellaneous 701. Anti-evasion It shall be unlawful to conduct any activity, including by entering into an agreement or contract, engaging in a transaction, or structuring an entity, to willfully evade or attempt to evade any provision of this Act. 702. Severability If any provision of this Act or the application of such a provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall remain and shall not be affected by that holding.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3022is/xml/BILLS-117s3022is.xml
|
117-s-3023
|
II 117th CONGRESS 1st Session S. 3023 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of Defense for the fiscal year ending September 30, 2022, and for other purposes.
1. Table of Contents Sec. 1. Table of contents. Sec. 2. References. Division A—Department of Defense Appropriations Act, 2022 Title I—Military Personnel Title II—Operation and Maintenance Title III—Procurement Title IV—Research, Development, Test and Evaluation Title V—Revolving and Management Funds Title VI—Other Department of Defense Programs Title VII—Related Agencies Title VIII—General Provisions Division B—Energy and Water Development and Related Agencies—Additional Appropriations Act, 2022 Title I—Corps of Engineers—Civil Title II—Department of Energy Title III—Independent Agencies Division C—Military Construction, Veterans Affairs—Additional Appropriations Act, 2022 Title I—Department of Defense Title II—Department of Veterans Affairs Title III—General Provision—This Division 2. References Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division. A Department of Defense Appropriations Act, 2022 I MILITARY PERSONNEL Military personnel, army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $47,849,194,000. Military personnel, navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $35,559,079,000. Military personnel, marine corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $14,593,112,000. Military personnel, air force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $35,132,419,000. Reserve personnel, army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 7038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $5,077,037,000. Reserve personnel, navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,299,539,000. Reserve personnel, marine corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $810,869,000. Reserve personnel, air force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,296,985,000. National guard personnel, army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $9,035,677,000. National guard personnel, air force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,747,296,000. II OPERATION AND MAINTENANCE Operation and maintenance, army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, $56,239,985,000: Provided , That not to exceed $12,478,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Army, and payments may be made upon his certificate of necessity for confidential military purposes. Operation and maintenance, navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $62,895,758,000: Provided , That not to exceed $15,055,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Navy, and payments may be made upon his certificate of necessity for confidential military purposes. Operation and maintenance, marine corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $9,313,631,000. Operation and maintenance, air force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $55,619,741,000: Provided , That not to exceed $7,699,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Air Force, and payments may be made upon his certificate of necessity for confidential military purposes. Operation and maintenance, space force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Space Force, as authorized by law, $3,556,350,000. Operation and maintenance, defense-Wide (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $45,317,901,000: Provided , That not more than $3,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further , That not to exceed $36,000,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of Defense, and payments may be made upon his certificate of necessity for confidential military purposes: Provided further , That of the funds provided under this heading, not less than $48,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $4,500,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D) : Provided further , That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further , That $56,895,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further , That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further , That of the funds provided under this heading, $1,963,404,000, of which $1,055,220,000, to remain available until September 30, 2023, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Counter-ISIS train and equip fund For the Counter-Islamic State of Iraq and Syria Train and Equip Fund , $492,000,000, to remain available until September 30, 2023: Provided , That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to provide assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups: Provided further , That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and Syria, and following written notification to the congressional defense committees of such designation: Provided further , That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further , That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading: Provided further , That contributions of funds for the purposes provided herein from any foreign government or other entity may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further , That the Secretary of Defense shall prioritize such contributions when providing any assistance for construction for facility fortification: Provided further , That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that such provision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives: Provided further , That the United States may accept equipment procured using funds provided under this heading, or under the heading, Iraq Train and Equip Fund in prior Acts, that was transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria and returned by such forces or groups to the United States, and such equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further , That equipment procured using funds provided under this heading, or under the heading, Iraq Train and Equip Fund in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria may be treated as stocks of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees: Provided further , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals. Operation and maintenance, army reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,008,635,000. Operation and maintenance, navy reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,130,198,000. Operation and maintenance, marine corps reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $335,450,000. Operation and maintenance, air force reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,317,106,000. Operation and maintenance, army national guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $7,705,193,000. Operation and maintenance, air national guard For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,678,660,000. United states court of appeals for the armed forces For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $15,589,000, of which not to exceed $15,000 may be used for official representation purposes. Environmental restoration, army (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $299,606,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, navy (INCLUDING TRANSFER OF FUNDS) For the Department of the Navy, $465,550,000, to remain available until transferred: Provided , That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, air force (INCLUDING TRANSFER OF FUNDS) For the Department of the Air Force, $796,568,000, to remain available until transferred: Provided , That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, defense-Wide (INCLUDING TRANSFER OF FUNDS) For the Department of Defense, $8,783,000, to remain available until transferred: Provided , That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, formerly used defense sites (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $218,580,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Overseas humanitarian, disaster, and civic aid For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $110,051,000, to remain available until September 30, 2023. Cooperative threat reduction account For assistance, including assistance provided by contract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, $239,849,000, to remain available until September 30, 2024. Department of defense acquisition workforce development account For the Department of Defense Acquisition Workforce Development Account, $56,679,000: Provided , That no other amounts may be otherwise credited or transferred to the Account, or deposited into the Account, in fiscal year 2022 pursuant to section 1705(d) of title 10, United States Code. III PROCUREMENT Aircraft procurement, army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,786,952,000, to remain available for obligation until September 30, 2024. Missile procurement, army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,487,796,000, to remain available for obligation until September 30, 2024. Procurement of weapons and tracked combat vehicles, army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,250,563,000, to remain available for obligation until September 30, 2024. Procurement of ammunition, army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,074,163,000, to remain available for obligation until September 30, 2024. Other procurement, army For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $8,496,987,000, to remain available for obligation until September 30, 2024. Aircraft procurement, navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $17,710,805,000, to remain available for obligation until September 30, 2024. Weapons procurement, navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $4,134,152,000, to remain available for obligation until September 30, 2024. Procurement of ammunition, navy and marine corps For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $853,620,000, to remain available for obligation until September 30, 2024. Shipbuilding and conversion, navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Columbia Class Submarine, $3,003,000,000; Columbia Class Submarine (AP), $1,773,980,000; Carrier Replacement Program (CVN–80), $1,068,705,000; Carrier Replacement Program (CVN–81), $1,299,764,000; Virginia Class Submarine, $4,199,240,000; Virginia Class Submarine (AP), $2,105,407,000; CVN Refueling Overhauls, $2,444,218,000; CVN Refueling Overhauls (AP), $66,262,000; DDG–1000 Program, $56,597,000; DDG–51 Destroyer, $3,675,987,000; DDG–51 Destroyer (AP), $120,000,000; FFG–Frigate, $1,090,900,000; LPD Flight II, $60,636,000; LPD Flight II (AP), $250,000,000; Expeditionary Sea Base, $577,000,000; LHA Replacement, $68,637,000; Expeditionary Fast Transport, $590,000,000; TAO Fleet Oiler, $668,184,000; TAGOS Surtass Ships, $434,384,000; Towing Salvage and Rescue Ship, $183,800,000; LCU 1700, $67,928,000; Ship to Shore Connector, $351,738,000; Service Craft, $67,866,000; LCAC SLEP, $32,712,000; For outfitting, post delivery, conversions, and first destination transportation, $641,260,000; and Completion of Prior Year Shipbuilding Programs, $660,795,000. In all: $25,559,000,000, to remain available for obligation until September 30, 2026: Provided , That additional obligations may be incurred after September 30, 2026, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further , That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further , That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards: Provided further , That funds appropriated or otherwise made available by this Act for Columbia Class Submarine (AP) may be available for the purposes authorized by subsections (f), (g), (h) or (i) of section 2218a of title 10, United States Code, only in accordance with the provisions of the applicable subsection: Provided further , That prior to entering into a contract for more than one amphibious ship, the Secretary of Defense shall provide to the congressional defense committees the future years defense program which displays the funding programmed for all shipbuilding programs currently or anticipated to be under a multiyear contract, block buy contract, or other contract involving economic order quantity. Other procurement, navy For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $11,349,471,000, to remain available for obligation until September 30, 2024: Provided , That such funds are also available for the maintenance, repair, and modernization of ships under a pilot program established for such purposes. Procurement, marine corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $3,496,614,000, to remain available for obligation until September 30, 2024. Aircraft procurement, air force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $17,311,222,000, to remain available for obligation until September 30, 2024. Missile procurement, air force For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,584,306,000, to remain available for obligation until September 30, 2024. Procurement of ammunition, air force For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $667,227,000, to remain available for obligation until September 30, 2024. Other procurement, air force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $26,367,426,000, to remain available for obligation until September 30, 2024. Procurement, space force For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,728,549,000, to remain available for obligation until September 30, 2024. Procurement, defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $5,898,393,000, to remain available for obligation until September 30, 2024. Defense production act purchases For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. 4518 , 4531, 4532, and 4533), $302,927,000, to remain available until expended, which shall be obligated and expended by the Secretary of Defense as if delegated the necessary authorities conferred by the Defense Production Act of 1950. National guard and reserve equipment account For procurement of rotary-wing aircraft; combat, tactical and support vehicles; other weapons; and other procurement items for the reserve components of the Armed Forces, $1,450,000,000, to remain available for obligation until September 30, 2024: Provided , That the Chiefs of National Guard and Reserve components shall, not later than 30 days after enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further , That none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft, or procure or modify missiles, munitions, or ammunition. IV RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, development, test and evaluation, army For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $13,467,949,000, to remain available for obligation until September 30, 2023. Research, development, test and evaluation, navy For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $21,546,521,000, to remain available for obligation until September 30, 2023: Provided , That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces. Research, development, test and evaluation, air force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $40,098,662,000, to remain available for obligation until September 30, 2023. Research, development, test and evaluation, space force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $11,642,581,000, to remain available until September 30, 2023. Research, development, test and evaluation, defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $29,120,239,000, to remain available for obligation until September 30, 2023. Operational test and evaluation, defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $276,591,000, to remain available for obligation until September 30, 2023. V REVOLVING AND MANAGEMENT FUNDS Defense working capital funds For the Defense Working Capital Funds, $2,027,000,000. VI OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense health program For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $36,206,487,000; of which $33,598,152,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2023, and of which up to $17,786,547,000 may be available for contracts entered into under the TRICARE program; of which $758,708,000, to remain available for obligation until September 30, 2024, shall be for procurement; and of which $1,849,627,000, to remain available for obligation until September 30, 2023, shall be for research, development, test and evaluation: Provided , That of the funds provided under this heading for research, development, test and evaluation, not less than $954,500,000 shall be made available to the United States Army Medical Research and Development Command to carry out the congressionally directed medical research programs. Chemical agents and munitions destruction, defense For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,094,352,000, of which $93,121,000 shall be for operation and maintenance, of which no less than $48,668,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,134,000 for activities on military installations and $26,534,000, to remain available until September 30, 2023, to assist State and local governments; and $1,001,231,000, to remain available until September 30, 2023, shall be for research, development, test and evaluation, of which $995,011,000 shall only be for the Assembled Chemical Weapons Alternatives program. Drug interdiction and counter-Drug activities, defense (INCLUDING TRANSFER OF FUNDS) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $939,149,000, of which $593,250,000 shall be for counter-narcotics support; $126,024,000 shall be for the drug demand reduction program; $194,211,000 shall be for the National Guard counter-drug program; and $25,664,000 shall be for the National Guard counter-drug schools program: Provided , That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. Office of the inspector general For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $438,363,000, of which $435,918,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended upon the approval or authority of the Inspector General, and payments may be made upon the Inspector General's certificate of necessity for confidential military purposes; of which $80,000, to remain available for obligation until September 30, 2024, shall be for procurement; and of which $2,365,000, to remain available until September 30, 2023, shall be for research, development, test and evaluation. VII RELATED AGENCIES Central intelligence agency retirement and disability system fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence community management account For necessary expenses of the Intelligence Community Management Account, $610,370,000. VIII GENERAL PROVISIONS 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided , That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further , That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further , That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided , That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps. (TRANSFER OF FUNDS) 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer not to exceed $6,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further , That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2022: Provided further , That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Committee Recommended Adjustments in the explanatory statement regarding this Act and the tables contained in the classified annex accompanying this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided , That section 8005 of this Act shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts, subject to the limitation in subsection (c): Provided further , That the transfer amount limitation provided in section 8005 of this Act shall not apply to transfers of amounts described in subsection (a) if such transfers are necessary for the proper execution of the specified purpose of such funds. (c) Amounts specified in the referenced tables described in subsection (a) may not be transferred pursuant to section 8005 of this Act to a purpose other than which is specified, unless such funds remain unobligated at the end of the fiscal year in which they were appropriated. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2022: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided , That this subsection shall not apply to transfers from the following appropriations accounts: (1) Environmental Restoration, Army ; (2) Environmental Restoration, Navy ; (3) Environmental Restoration, Air Force ; (4) Environmental Restoration, Defense-Wide ; (5) Environmental Restoration, Formerly Used Defense Sites ; and (6) Drug Interdiction and Counter-drug Activities, Defense . (TRANSFER OF FUNDS) 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided , That transfers may be made between such funds: Provided further , That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer: Provided further , That except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided , That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further , That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further , That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: Provided further , That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further , That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract. Funds appropriated in title III of this Act may be used for multiyear procurement contracts for the UH/HH-60M Black Hawk helicopter and the AH–64E Apache helicopter. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided , That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239 : Provided further , That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed solely on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, but are to be managed primarily on the basis of, and in a manner consistent with— (1) the total force management policies and procedures established under section 129a of title 10, United States Code; (2) the workload required to carry out the functions and activities of the Department; and (3) the funds made available to the Department for such fiscal year. (b) None of the funds appropriated by this Act may be used to reduce the civilian workforce programmed full time equivalent levels absent the appropriate analysis of the impact of these reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs. (c) A projection of the number of full-time equivalent positions shall not be considered a constraint or limitation for purposes of subsection (a) and reducing funding for under-execution of such a projection shall not be considered managing based on a constraint or limitation for purposes of such subsection. (d) The fiscal year 2023 budget request for the Department of Defense, and any justification material and other documentation supporting such a request, shall be prepared and submitted to Congress as if subsections (a) and (b) were effective with respect to such fiscal year. (e) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 8014. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided , That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further , That this section applies only to active components of the Army. (TRANSFER OF FUNDS) 8015. (a) Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. (b) The Secretary of Defense shall include with the budget justification documents in support of the budget for any fiscal year after fiscal year 2022 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a description of each transfer under this section that occurred during the last fiscal year before the fiscal year in which such budget is submitted. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided , That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further , That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further , That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that such an acquisition must be made in order to acquire capability for national security purposes. 8017. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided , That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further , That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further , That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. 8018. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. 8019. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. 8020. Of the funds made available in this Act, up to $17,500,000 may be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ): Provided , That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year: Provided further , That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 8021. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term Indian tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 ( Public Law 103–454 ; 108 Stat. 4792; 25 U.S.C. 5131 ). 8022. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide , not less than $12,000,000 may be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. 8023. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8024. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012. 8025. Of the amounts appropriated for Working Capital Fund, Army , $125,000,000 shall be available to maintain competitive rates at the arsenals. 8026. (a) Of the funds made available in this Act, not less than $60,463,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $47,263,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; (2) $11,400,000 shall be available from Aircraft Procurement, Air Force ; and (3) $1,800,000 shall be available from Other Procurement, Air Force for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 8027. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided , That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2022, not more than 6,053 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided , That within such funds for 6,053 staff years, funds shall be available only for 1,148 staff years for the defense studies and analysis FFRDCs: Provided further , That this subsection shall not apply to staff years funded in the National Intelligence Program and the Military Intelligence Program: Provided further , That the limit on staff years in the matter preceding the first proviso in this subsection may be increased to 6,153, from within funds available to the Department during fiscal year 2022, no sooner than 60 days after the Secretary of Defense submits in writing to the congressional defense committees— (1) a complete breakdown of actual staff years by program and primary sponsor for fiscal years 2020 and 2021; (2) a complete breakdown of the estimated 6,153 staff years by program and primary sponsor for fiscal year 2022; (3) a list of corrective actions planned and implemented following the 2019 Under Secretary of Defense (Research and Engineering)-led FFRDC management review regarding the implementation of a strategic management process and continued independence of defense FFRDCs; (4) a plan to commission a near-term independent review and assessment of current FFRDC and potentially competitive non-FFRDC entities' core competencies as compared to new or emerging requirements; and (5) a plan to commission a near-term independent review of current Department of Defense and military service workforce core competencies as compared to new or emerging requirements, to include a review of current and proposed workforce development, talent management, and professional military education initiatives and career options. (e) The Secretary of Defense shall, with the submission of the department's fiscal year 2023 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC by program during that fiscal year and the associated budget estimates. 8028. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 8029. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 8030. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided , That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further , That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 8031. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. 8032. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided , That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further , That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. 8033. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2022. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 ( 19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party. (c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code. 8034. In addition to any other funds made available for such purposes, including pursuant to section 98h of title 50, United States Code, or elsewhere in this Act, there is appropriated $500,000,000, for an additional amount for National Defense Stockpile Transaction Fund , to remain available until September 30, 2024, which shall only be used for the acquisition and retention of certain materials, as specified in the classified annex accompanying this Act: Provided , That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides the congressional defense committees a detailed execution plan for these funds. 8035. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8036. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 8037. None of the funds made available in this Act, or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code. 8038. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available until expended for the payments specified by section 2687a(b)(2) of title 10, United States Code. 8039. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000: Provided , That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in a named contingency operation overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000. 8040. Amounts appropriated or otherwise made available to the Department of Defense in this Act, may not be obligated or expended for the retirement or divestiture of the RQ–4 Global Hawk Block 40 aircraft: Provided , That the Secretary of the Air Force is prohibited from deactivating the corresponding squadrons responsible for the operations of the aforementioned aircraft. 8041. Up to $6,520,000 of the funds appropriated under the heading Operation and Maintenance, Navy may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the United States Indo-Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided , That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further , That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. 8042. The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided , That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail system stores located in the United States. 8043. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2023 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2023 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2023 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. 8044. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2023: Provided , That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further , That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) shall remain available until September 30, 2023: Provided further , That any funds appropriated or transferred to the Central Intelligence Agency for the construction, improvement, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence community, shall remain available until September 30, 2024. 8045. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters. (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats; (3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense; (4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized Federal entities; (5) a Space Force field operating agency established to provide space-related foundational scientific and technical intelligence support for the warfighter, the acquisition community, and National-level policymakers; (6) a Space Force direct reporting unit established to conduct analysis, modeling, wargaming, and experimentation to create operational concepts and develop future force design options; or (7) a Space Force field operating agency established to execute whole of talent management life-cycle delivery aligned to a mission-focused, agile, and small Force. 8046. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. (b) (1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities. (RESCISSIONS) 8047. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Other Procurement, Navy , 2020/2022, $3,500,000; Aircraft Procurement, Air Force , 2020/2022, $114,125,000; Operation and Maintenance, Defense-Wide , 2021/2022, $105,000,000; Afghanistan Security Forces Fund , 2021/2022, $500,000,000; Counter-ISIS Train and Equip Fund , 2021/2022, $355,000,000; Procurement of Ammunition, Army , 2021/2023, $77,254,000; Aircraft Procurement, Navy , 2021/2023, $36,572,000; Procurement of Ammunition, Navy and Marine Corps , 2021/2023, $30,000,000; Shipbuilding and Conversion, Navy: DDG-51 Destroyer , 2021/2025, $130,000,000; Other Procurement, Navy , 2021/2023, $3,014,000; Procurement, Marine Corps , 2021/2023, $219,057,000; Aircraft Procurement, Air Force , 2021/2023, $805,481,000; Procurement, Space Force , 2021/2023, $45,700,000; Procurement of Ammunition, Air Force , 2021/2023, $436,791,000; Other Procurement, Air Force , 2021/2023, $181,890,000; Research, Development, Test and Evaluation, Army , 2021/2022, $92,441,000; Research, Development, Test and Evaluation, Navy , 2021/2022, $51,500,000; Research, Development, Test and Evaluation, Air Force , 2021/2022, $15,000,000; Research, Development, Test and Evaluation, Space Force , 2021/2022, $146,368,000; and Research, Development, Test and Evaluation, Defense-Wide , 2021/2022, $164,667,000. 8048. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 8049. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose: Provided , That this restriction shall not apply to any activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Democratic People's Republic of Korea. 8050. In this fiscal year and each fiscal year thereafter, funds appropriated for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided , That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. 8051. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. 8052. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $22,500,000 is hereby appropriated to the Department of Defense: Provided , That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $22,500,000 to the United Service Organizations. 8053. Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget. The Secretary of each military department, the Director of each Defense Agency, and the head of each other relevant component of the Department of Defense shall submit to the congressional defense committees, concurrent with submission of the budget justification documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed accounting of the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides taken from programs, projects, or activities within such department, agency, or component during the most recently completed fiscal year. 8054. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (INCLUDING TRANSFER OF FUNDS) 8055. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 8056. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 , as amended ( 31 U.S.C. 1551 note): Provided , That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further , That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account: Provided , That the Under Secretary of Defense (Comptroller) shall include with the budget of the President for fiscal year 2023 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a statement describing each instance if any, during each of the fiscal years 2016 through 2022 in which the authority in this section was exercised. 8057. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. (INCLUDING TRANSFER OF FUNDS) 8058. Of the funds appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , $46,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: Provided , That the funds are made available for transfer to the Department of the Army, the Department of the Navy, and the Department of the Air Force: Provided further , That funds transferred shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further , That this transfer authority is in addition to any other transfer authority provided in this Act. 8059. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided , That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further , That this restriction does not apply to programs funded within the National Intelligence Program: Provided further , That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2023 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a report detailing the use of funds requested in research, development, test and evaluation accounts for end-items used in development, prototyping and test activities preceding and leading to acceptance for operational use: Provided further , That the report shall set forth, for each end-item covered by the preceding proviso, a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item: Provided further , That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2023 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a certification that funds requested for fiscal year 2023 in research, development, test and evaluation are in compliance with this section: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8060. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 8061. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 8062. The Secretary of Defense shall continue to provide a classified quarterly report to the Committees on Appropriations of the House of Representatives and the Senate, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 8063. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 8064. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of armor penetrator , armor piercing (AP) , armor piercing incendiary (API) , or armor-piercing incendiary tracer (API–T) , except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 8065. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. (INCLUDING TRANSFER OF FUNDS) 8066. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army , $152,925,875 shall remain available until expended: Provided , That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further , That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further , That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further , That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense. 8067. (a) None of the funds appropriated in this or any other Act may be used to take any action to modify— (1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account; (2) how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request; (3) the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or (4) the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed. (b) Nothing in subsection (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (1)–(3) of subsection (a). (c) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence. (d) Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall— (1) provide the proposed alternatives to all affected agencies; (2) receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and (3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. (INCLUDING TRANSFER OF FUNDS) 8068. In addition to amounts made available elsewhere in this Act, $500,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance accounts and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force for purposes of improving tactical artificial intelligence at the Combatant Commands: Provided , That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further , That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further , That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further , That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act. (INCLUDING TRANSFER OF FUNDS) 8069. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation and Maintenance, Army , Operation and Maintenance, Navy , and Operation and Maintenance, Air Force may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. (INCLUDING TRANSFER OF FUNDS) 8070. Of the amounts appropriated for Operation and Maintenance, Navy , up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 ). 8071. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided , That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations Committees: Provided further , That any proposed modification shall not preclude the ability of the commander of United States Indo-Pacific Command to meet operational requirements. 8072. Any notice that is required to be submitted to the Committees on Appropriations of the House of Representatives and the Senate under section 806(c)(4) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( 10 U.S.C. 2302 note) after the date of the enactment of this Act shall be submitted pursuant to that requirement concurrently to the Committees on Appropriations of the House of Representatives and the Senate, Subcommittees on Defense. (INCLUDING TRANSFER OF FUNDS) 8073. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide , $500,000,000 shall be for the Israeli Cooperative Programs: Provided , That of this amount, $108,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $157,000,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $30,000,000 shall be for co-production activities of SRBMD systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for SRBMD, as amended; $62,000,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture, of which $62,000,000 shall be for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further , That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act. 8074. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy , $660,795,000 shall be available until September 30, 2022, to fund prior year shipbuilding cost increases for the following programs: (1) Under the heading Shipbuilding and Conversion, Navy , 2013/2022: Carrier Replacement Program $291,000,000; (2) Under the heading Shipbuilding and Conversion, Navy , 2015/2022: DDG–51 Destroyer $44,577,000; (3) Under the heading Shipbuilding and Conversion, Navy , 2016/2022: DDG–51 Destroyer $1,176,000; (4) Under the heading Shipbuilding and Conversion, Navy , 2016/2022: TAO Fleet Oiler $23,358,000; (5) Under the heading Shipbuilding and Conversion, Navy , 2016/2022: Littoral Combat Ship $24,860,000; (6) Under the heading Shipbuilding and Conversion, Navy , 2016/2022: CVN Refueling Overhauls $158,800,000; (7) Under the heading Shipbuilding and Conversion, Navy , 2017/2022: LPD–17 $53,682,000; (8) Under the heading Shipbuilding and Conversion, Navy , 2017/2022: Littoral Combat Ship $20,000,000; and (9) Under the heading Shipbuilding and Conversion, Navy , 2018/2022: TAO Fleet Oiler $43,342,000. 8075. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for Fiscal Year 2022. 8076. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. (INCLUDING TRANSFER OF FUNDS) 8077. In addition to amounts made available elsewhere in this Act, $100,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the Department of Defense Acquisition Workforce Development Account and the operation and maintenance accounts of the Army, Navy, Marine Corps, Air Force, and Space Force for purposes of recruiting and training the Department of Defense artificial intelligence-literate acquisition workforce: Provided , That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further , That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further , That upon transfer, the funds shall be merged with and be available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further , That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act. 8078. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system. 8079. The Secretary of Defense may use up to $650,000,000 of the amounts appropriated or otherwise made available in this Act to the Department of Defense for the rapid acquisition and deployment of supplies and associated support services pursuant to section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 2302 note), but only for the purposes specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such section and subject to the applicable limits specified in clauses (i), (ii), and (iii) of such subsection and, in the case of clause (iv) of such subsection, subject to a limit of $50,000,000: Provided , That the Secretary of Defense shall notify the congressional defense committees promptly of all uses of this authority. 8080. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided , That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 8081. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided , That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. 8082. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. 8083. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2023, and except for funds appropriated for the purchase of real property, which shall remain available until September 30, 2024. 8084. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading Shipbuilding and Conversion, Navy shall be considered to be for the same purpose as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2022: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. (b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 8086. Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Development Account in or for fiscal year 2022 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 10, United States Code, shall be covered by and subject to section 8005 of this Act. 8087. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that— (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. 8088. Notwithstanding any other provision of this Act, to reflect higher than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby increased by $300,000,000. 8089. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 8090. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a covered subcontractor is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. (INCLUDING TRANSFER OF FUNDS) 8091. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $137,000,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84 : Provided , That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417 : Provided further , That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. 8092. From funds made available in title II of this Act, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles up to a limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 8093. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. (INCLUDING TRANSFER OF FUNDS) 8094. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the funds made available in this Act for the National Intelligence Program: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2022. 8095. Notwithstanding any other provision of this Act, to reflect revised economic assumptions, the total amount appropriated in title II of this Act is hereby increased by $1,330,000,000, the total amount appropriated in title III of this Act is hereby increased by $692,000,000, the total amount appropriated in title IV of this Act is hereby increased by $585,000,000, the total amount appropriated in title V of this Act is hereby increased by $10,000,000, and the total amount appropriated in title VI of this Act is hereby increased by $196,178,000: Provided , That the Secretary of Defense shall allocate this increase proportionally to each budget activity, activity group, subactivity group, and each program, project, and activity, within each appropriation account. 8096. The Secretary of Defense shall post grant awards on a public Website in a searchable format. 8097. None of the funds made available by this Act may be used by the National Security Agency to— (1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or (2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978. 8098. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided , That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 8099. Of the amounts appropriated in this Act for Operation and Maintenance, Navy , $435,032,000, to remain available until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 ( 46 U.S.C. 57100 ): Provided , That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet. 8100. None of the funds made available in this Act may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 112–81 ; 125 Stat. 1621) to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided , That none of the funds made available in this Act may be used under section 1208 for any activity that is not in support of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further , That the Secretary of Defense may waive the prohibitions in this section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver. 8101. (a) None of the funds provided in this Act for the TAO Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; anchor chains; and spreaders for shipboard cranes. (b) None of the funds provided in this Act for the FFG(X) Frigate program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers; gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; auxiliary chill water systems; and propulsion propellers: Provided , That the Secretary of the Navy shall incorporate United States manufactured propulsion engines and propulsion reduction gears into the FFG(X) Frigate program beginning not later than with the eleventh ship of the program. 8102. No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Account may be transferred to— (1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 2302 note); or (2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017). 8103. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. 8104. None of the funds provided for, or otherwise made available, in this or any other Act, may be obligated or expended by the Secretary of Defense to provide motorized vehicles, aviation platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or equipment. 8105. The Secretary of Defense may obligate and expend funds made available under this Act for procurement or for research, development, test and evaluation for the F–35 Joint Strike Fighter to modify up to six F–35 aircraft, including up to two F–35 aircraft of each variant, to a test configuration: Provided , That the Secretary of Defense shall, with the concurrence of the Secretary of the Air Force and the Secretary of the Navy, notify the congressional defense committees not fewer than 30 days prior to obligating and expending funds under this section: Provided further , That any transfer of funds pursuant to the authority provided in this section shall be made in accordance with section 8005 of this Act: Provided further , That aircraft referred to previously in this section are not additional to aircraft referred to in section 8135 of the Department of Defense Appropriations Act, 2019, section 8126 of the Department of Defense Appropriations Act, 2020, and section 8122 of the Department of Defense Appropriations Act, 2021. 8106. (a) None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting such tax liability, provided that the applicable Federal agency is aware of the unpaid Federal tax liability. (b) Subsection (a) shall not apply if the applicable Federal agency has considered suspension or debarment of the corporation described in such subsection and has made a determination that such suspension or debarment is not necessary to protect the interests of the Federal Government. 8107. During fiscal year 2022, the monetary limitation imposed by section 2208(l)(3) of title 10, United States Code may be exceeded by up to $1,000,000,000. 8108. Funds appropriated in title I of this Act under headings for Military Personnel may be used for expenses described therein for members of the Space Force on active duty: Provided , That amounts appropriated under such headings may be used for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund. 8109. (a) Amounts appropriated under title IV of this Act, as detailed in budget activity eight of the tables of Committee Recommended Adjustments in the explanatory statement regarding this Act, may be used for expenses for the agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance, only for the following Software and Digital Technology Pilot programs— (1) Defensive Cyber—Software Prototype Development (PE 0608041A); (2) Risk Management Information (PE 0608013N); (3) Maritime Tactical Command Control (PE 0608231N); (4) JSpOC Mission System (PE 1203614SF); (5) National Background Investigation Services (PE 0608197V); (6) Global Command and Control System-Joint (PE 0308150K); (7) Algorithmic Warfare Cross Functional Team (PE 0308588D8Z); and (8) Acquisition Visibility (PE 0608648D8Z). (b) None of the funds appropriated by this or prior Department of Defense Appropriations Acts may be obligated or expended to initiate additional Software and Digital Technology Pilot Programs in fiscal year 2022. 8110. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , $5,000,000, to remain available until September 30, 2023: Provided , That such funds shall only be available to the Secretary of Defense, acting through the Office of Local Defense Community Cooperation of the Department of Defense, to make grants to communities impacted by military aviation noise for the purpose of installing noise mitigating insulation at covered facilities: Provided further , That to be eligible to receive a grant under the program, a community must enter into an agreement with the Secretary under which the community prioritizes the use of funds for the installation of noise mitigation at covered facilities in the community: Provided further , That as a condition of receiving funds under this section a State or local entity shall provide a matching share of ten percent: Provided further , That grants under the program may be used to meet the Federal match requirement under the airport improvement program established under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code: Provided further , That, in carrying out the program, the Secretary of Defense shall coordinate with the Secretary of Transportation to minimize duplication of efforts with any other noise mitigation program compliant with part 150 of title 14, Code of Federal Regulations: Provided further , That, in this section, the term covered facilities means hospitals, daycare facilities, schools, facilities serving senior citizens, and private residences that are located within one mile or a day-night average sound level of 65 or greater of a military installation or another location at which military aircraft are stationed or are located in an area impacted by military aviation noise within one mile or a day-night average sound level of 65 or greater, as determined by the Department of Defense or Federal Aviation Administration noise modeling programs: Provided further , That the Secretary of Defense shall prioritize grants to communities for which a nearby military installation has transitioned to a new type or model of aircraft after January 1, 2019. 8111. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces to counter the Islamic State of Iraq and Syria: Provided , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. 8112. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277 ; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 ( Public Law 109–148 ). 8113. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $300,000,000, of which $150,000,000, to remain available until September 30, 2023, shall be for the Ukraine Security Assistance Initiative: Provided , That such funds shall be available to the Secretary of Defense, in coordination with the Secretary of State, to provide assistance, including training; equipment; lethal assistance; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine, and for replacement of any weapons or articles provided to the Government of Ukraine from the inventory of the United States: Provided further , That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available by this section, notify the congressional defense committees in writing of the details of any such obligation: Provided further , That the United States may accept equipment procured using funds made available in this section in this or prior Acts that was transferred to the security forces of Ukraine and returned by such forces to the United States: Provided further , That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred to the military or National Security Forces of Ukraine or returned by such forces to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees. 8114. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided , That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. 8115. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $1,055,220,000, to remain available until September 30, 2023, shall be available for International Security Cooperation Programs and other programs to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs: Provided , That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation: Provided further , That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section. 8116. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $370,000,000, to remain available until September 30, 2023, shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 2151 note), for enhanced border security: Provided , That the Secretary of Defense shall, not less than 15 days prior to obligating funds provided under this section, notify the congressional defense committees in writing of the details of any planned obligation and the nature of the expenses incurred: Provided further , That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section. 8117. None of the funds made available by this Act may be used in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). 8118. None of the funds made available by this Act for excess defense articles, assistance under section 333 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 ( Public Law 110–457 ; 22 U.S.C. 2370c–1 ) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. 8119. None of the funds made available by this Act may be made available for any member of the Taliban. 8120. Notwithstanding any other provision of law, any transfer of funds, appropriated or otherwise made available by this Act, for support to friendly foreign countries in connection with the conduct of operations in which the United States is not participating, pursuant to section 331(d) of title 10, United States Code, shall be made in accordance with section 8005 of this Act. 8121. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport. (b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge: (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (2) the armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and (3) agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine. (c) The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver. 8122. In addition to amounts provided elsewhere in this Act, there is appropriated $1,000,000,000, for an additional amount for Procurement, Defense-Wide , to remain available until September 30, 2024, which shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided , That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further , That nothing in the preceding proviso shall be construed to apply to appropriations in this or prior Acts for the procurement of the Iron Dome defense system. This division may be cited as the Department of Defense Appropriations Act, 2022 . B Energy and Water Development and Related Agencies—Additional Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM For an additional amount for Formerly Utilized Sites Remedial Action Program , $52,000,000, to remain available until expended. II DEPARTMENT OF ENERGY ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For an additional amount for Weapons Activities , $100,000,000, to remain available until expended. Defense Nuclear Nonproliferation For an additional amount for Defense Nuclear Nonproliferation , $76,000,000, to remain available until expended. Naval Reactors For an additional amount for Naval Reactors , $26,200,000, to remain available until expended. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For an additional amount for Defense Environmental Cleanup , $166,900,000, to remain available until expended: Provided , That of such amount, $3,207,000 shall be available until September 30, 2023, for program direction. Other Defense Activities For an additional amount for Other Defense Activities , $3,900,000, to remain available until expended. III INDEPENDENT AGENCIES Defense Nuclear Facilities Safety Board For an additional amount for Defense Nuclear Facilities Safety Board , $5,000,000, to remain available until September 30, 2023. IV GENERAL PROVISION—THIS DIVISION 401. Notwithstanding any other provision of law, funds made available in this division are in addition to amounts appropriated or otherwise made available for the United States Army Corps of Engineers, the Department of Energy, or the Defense Nuclear Facilities Safety Board for fiscal year 2022: Provided , That such amounts shall be subject to the terms and conditions set forth in S. 2605 (117th Congress) and the accompanying Senate Report 117–36, as reported by the Senate Committee on Appropriations on August 4, 2021. This division may be cited as Energy and Water Development and Related Agencies—Additional Appropriations Act, 2022 . C Military Construction and Veterans Affairs—Additional Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF DEFENSE Military Construction, Army For an additional amount for Military Construction, Army , $653,400,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $60,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Army’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Army, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Navy and Marine Corps For an additional amount for Military Construction, Navy and Marine Corps , $1,201,539,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $113,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Navy and Marine Corps unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Navy, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Air Force For an additional amount for Military Construction, Air Force , $316,324,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $30,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Air Force’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Air Force, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Defense-Wide For an additional amount for Military Construction, Defense-Wide , $105,537,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the unfunded priority lists for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of Defense, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard , $50,800,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $5,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Army’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Director of the Army National Guard, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Air National Guard For an additional amount for Military Construction, Air National Guard , $66,500,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $15,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Air Force’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Director of the Air National Guard, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Army Reserve For an additional amount for Military Construction, Army Reserve , $34,200,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $5,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Army’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Army, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Military Construction, Air Force Reserve For an additional amount for Military Construction, Air Force Reserve , $57,700,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided further , That, of such funds, not to exceed $5,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for military construction projects may only be obligated to carry out such construction projects identified in the Air Force’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Air Force, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Family Housing Construction, Army For an additional amount for Family Housing Construction, Army , $29,000,000, to remain available until September 30, 2026: Provided , That such funds may be obligated and expended to carry out planning and design and family housing construction projects authorized by law: Provided further , That, of such funds, not to exceed $15,000,000 shall be available for study, planning, design, architect and engineer services: Provided further , That such funds obligated and expended for family housing construction projects may only be obligated to carry out such construction projects identified in the Army’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Army, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading in this Act. Administrative Provisions—This Title 101. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2026: Military Construction, Army , $10,000,000; Military Construction, Navy and Marine Corps , $25,000,000; and Military Construction, Air Force , $15,000,000: Provided , That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further , That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. 102. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2026: Military Construction, Army , $20,000,000; Military Construction, Navy and Marine Corps , $10,000,000; and Military Construction, Air Force , $20,000,000: Provided , That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further , That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. 103. For an additional amount for Military Construction, Air Force , $85,000,000, to remain available until September 30, 2026: Provided , That such funds may only be obligated for cost increases on previously appropriated projects: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Air Force, or his or her designee, shall submit to the Committees on appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further , That the Secretary of the Air Force may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. II DEPARTMENT OF VETERANS AFFAIRS Administrative Provisions—This Title 201. Title II of S. 2604 (117th Congress), as reported by the Senate Committee on Appropriations on August 4, 2021, is amended by striking the matter under the heading Veterans Health Administration and inserting in lieu thereof the following: MEDICAL SERVICES For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and administrative expenses necessary to carry out sections 322(d) and 521A of title 38, United States Code, and hospital care and medical services authorized by section 1787 of title 38, United States Code; $2,341,736,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2021, that are provided to meet the terms of section 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and is additional new budget authority specified for purposes of section 4004(b)(7) and section 4005(g) of such concurrent resolution; and, in addition, $70,323,116,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $1,500,000,000 shall remain available until September 30, 2024: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further , That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further , That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans. MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, $4,905,265,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2021, that are provided to meet the terms of section 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and is additional new budget authority specified for purposes of section 4004(b)(7) and section 4005(g) of such concurrent resolution; and, in addition, $24,156,659,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $2,000,000,000 shall remain available until September 30, 2024. MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, 5 United States Code, and the Federal Medical Care Recovery Act ( 42 U.S.C. 2651 et seq. ), $203,926,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2021, that are provided to meet the terms of section 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and is additional new budget authority specified for purposes of section 4004(b)(7) and section 4005(g) of such concurrent resolution; and, in addition, $9,673,409,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $200,000,000 shall remain available until September 30, 2024. MEDICAL FACILITIES For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $151,415,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2021, that are provided to meet the terms of section 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and is additional new budget authority specified for purposes of section 4004(b)(7) and section 4005(g) of such concurrent resolution; and, in addition, $7,133,816,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $350,000,000 shall remain available until September 30, 2024. MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $882,000,000, plus reimbursements, shall remain available until September 30, 2023: Provided , That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. . 202. Title II of S. 2604 (117th Congress), as reported by the Senate Committee on Appropriations on August 4, 2021, is amended by inserting at the end of the Administrative Provisions the following: (RESCISSIONS OF FUNDS) 257. Of the unobligated balances available to the Department of Veterans Affairs from amounts appropriated in title II of division J of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), that became available on October 1, 2021, the following funds are hereby rescinded from the following accounts in the amounts specified: Veterans Health Administration, Medical Services , $2,341,736,000; Veterans Health Administration, Medical Community Care , $1,636,265,000; Veterans Health Administration, Medical Support and Compliance , $203,926,000; and Veterans Health Administration, Medical Facilities , $151,415,000: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. . III GENERAL PROVISION—THIS DIVISION 301. Notwithstanding any other provision of law, funds made available in this division are in addition to amounts appropriated or otherwise made available for the Department of Defense or the Department of Veterans Affairs for fiscal year 2022: Provided , That such amounts shall be subject to the terms and conditions set forth in S. 2604 (117th Congress) and the accompanying Senate Report 117–35, as reported by the Senate Committee on Appropriations on August 4, 2021. This division may be cited as Military Construction and Veterans Affairs—Additional Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3023is/xml/BILLS-117s3023is.xml
|
117-s-3024
|
II 117th CONGRESS 1st Session S. 3024 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Schatz (for himself, Mr. Wyden , Mr. Blumenthal , Mr. Merkley , Mr. Booker , Ms. Smith , Mr. Kaine , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the State Justice Institute Act of 1984 to provide technical assistance and training to State and local courts to improve the constitutional and equitable enforcement of fines and fees, and for other purposes.
1. Short title This Act may be cited as the State Justice Improvement Act . 2. Findings; purpose (a) Findings Congress finds the following: (1) The Supreme Court of the United States has repeatedly held that the government may not incarcerate an individual solely because of the inability of the individual to pay a fine or fee. (2) In 2019, the United States Court of Appeals for the Fifth Circuit ruled that it is unconstitutional to imprison people for failing to pay fines and fees without inquiring into their ability to pay. The Fifth Circuit also ruled that it is unconstitutional for judges to determine ability to pay when court debts help pay court budgets. (3) Under section 3142 of title 18, United States Code, Federal judicial officers may not impose a financial condition that results in the pretrial detention of an individual. (4) In 2017, a report by United States Commission on Civil Rights evaluated evidence that— (A) 47 states increased their fines and fees in recent years, including fines and fees imposed on juveniles; (B) in Virginia, 1 in 6 drivers had license revoked as a result of an inability to pay court fines and fees; (C) in New Jersey, 42 percent of suspended drivers lost their jobs as a result of the suspension; (D) in the 50 cities with the highest proportion of revenues from fines, the median size of the African-American population in each city was greater than 5 times the median in the United States; (E) in Washington, Latinos received higher fine assessments than non-Latino Whites for similar offenses; (F) 10 counties in California detained approximately 700 people per month for an average of 3 days as a result of a failure to pay and driving with a suspended license; and (G) according to the Department of Justice on the investigation of the Ferguson Police Department, revenue collection, not public safety, was the primary impetus behind the collection of fines and fees. (5) There is no clear evidence that fines and fees are an effective crime deterrent. (6) Defendants released from custody with no financial penalty return to court at the same rate as defendants released on financial bond. (7) The burden of fines and fees is disproportionately shouldered by low-income communities and communities of color, which in turn aggravates and perpetuates poverty and racial inequalities. (8) Cities with larger Black populations fine residents more on a per capita basis and are more reliant on fines. A 1-percent increase in a Black population is associated with a 5-percent increase in per capita revenue from fines and a 1-percent increase in share of total revenue from fines. (9) In addition, data on the extent to which individuals are jailed or otherwise penalized because of their inability to pay fee-only offenses are insufficiently developed, preventing a full picture of the pervasiveness of targeted fees, as well as the repetitive impact on individuals from both low-income communities and communities of color. (10) Individuals gave up necessities like rent, food, medical bills, car payments, and child support, in order to pay down their court debt. (11) Thirty-eight percent of people surveyed committed a crime to pay off their court debt. (12) Driver’s licenses are often suspended automatically when cases are transferred to private collectors and are not restored until debts are paid in full. (13) Thirty States continue to require payment of all legal financial obligations before voting rights are restored, effectively disenfranchising individuals because of an inability to pay. (14) Many jurisdictions across the country rely on fines and fees as a primary revenue source. (15) A 2019 analysis of fine revenues found that— (A) fines are a critical source of funding, at times accounting for more than half of all general revenues; (B) fines and fees account for more than 10 percent of general fund revenues for nearly 600 jurisdictions, and in at least 284 of those, the share exceeded 20 percent, while another 80 governments reported even higher fines accounting for more than half of general revenues; (C) annual revenues exceeding $100 for every adult resident, while 363 exceeded $200 per adult in all the governments analyzed; (D) the States with the highest fines and fees revenue are Arkansas, Georgia, Louisiana, New York, Oklahoma, and Texas; and (E) jurisdictions where fines and forfeitures accounted for more than 20 percent of general fund revenues recorded a median household income of only $39,594. (16) The dependency on fines and fees creates a harmful incentive for courts to levy fines and fees on indigent individuals regardless of the severity of the crime. (17) However, some jurisdiction spent more than the revenue they raised collecting fees, therefore losing money through this system. (18) In some jurisdictions like New Orleans, the cost of incarcerating individuals unable to pay fines, fees, and monetary bail exceeded the revenue generated from those practices. (19) Some jurisdictions in Texas and New Mexico spent 41 cents of every dollar of revenue they raise from fees and fines on in-court hearings and jail costs alone. (20) In almost every State and the District of Columbia, juvenile courts impose court costs, fines, and fees on youth, their families, or both. These costs may increase recidivism, increase the potential of future jail or prison time, exacerbate racial inequality, and increase the economic and emotional distress of low-income families. (21) Imposing fines and fees on minors and their families is ineffective as a revenue-generating measure, often because minors in the criminal justice system come from indigent families. Imposing these fines and fees increases recidivism and economic and emotional hardship on families. (b) Purpose The purpose of this Act is to create a grant program to provide technical assistance and training to State and local courts to— (1) improve the constitutional and equitable enforcement of fines and fees; (2) improve practices regarding the use of fines and fees and their equitable enforcement when used; and (3) collect data to better understand the research and best practices of State and local courts on a Federal level. 3. Definitions Section 202 of the State Justice Institute Act of 1984 ( 42 U.S.C. 10701 ) is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (9) constitutionally adequate notice means a citation or summons that adequately informs an individual of— (A) the precise offense with which the individual is charged; (B) the amount currently owed by the individual and other possible penalties; (C) consequences for nonpayment; (D) the method and means for accepting payments; (E) the date of any court hearing; (F) the availability of alternate means of payment; (G) the rules and procedures of the court; (H) the rights of the individual as a litigant; and (I) whether the individual is required to appear in court in person; (10) fees — (A) means monetary fees that are imposed for the costs of fine surcharges or court administrative fees; and (B) includes additional late fees, payment-plan fees, interest added if an individual is unable to pay a fine in its entirety, collection fees, and any additional amounts that do not include the fine; (11) fines means monetary fines imposed for punishment; and (12) surcharge means a monetary amount added to a fine as a flat amount or a percentage. . 4. Constitutional enforcement of fines and fees (a) Duties of the Institute Section 203(b) of the State Justice Institute Act of 1984 ( 42 U.S.C. 10702(b) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) assist State and local courts in the constitutional and equitable enforcement of fines and fees. . (b) Purposes of grants (1) In general Section 206(a) of the State Justice Institute Act of 1984 ( 42 U.S.C. 10705(a) ) is amended— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) provide technical assistance and training to State and local courts to develop and implement best policies and practices for the constitutional and equitable enforcement of fines and fees that incorporate guidance that— (A) courts should not incarcerate or issue an arrest warrant for an individual for the nonpayment of a fine or fee without first conducting an ability-to-pay determination and establishing that the failure to pay was intentional; (B) courts should consider alternatives to incarceration for defendants who are currently unable to pay fines; (C) courts should not condition access to a judicial hearing on the prepayment of a fine or fee or a promise of future payment of a fine or fee; (D) courts should provide constitutionally adequate notices and counsel in cases in which a fine or fee will be imposed; (E) courts should not initiate driver’s license suspension procedures for nonpayment of a fine or fee; (F) if courts choose to issue an arrest warrant or suspend a driver’s license as a means of coercing an individual to pay a fine or fee owed to the court, courts should not do so if the individual has not been afforded constitutionally adequate procedural protections; (G) courts should determine the ability to pay of an individual at sentencing prior to determining a constitutional and equitable fine and fee; (H) courts should reduce and waive fines and fees if the court has discretion in cases where the imposition of fines and fees would be unconstitutional and inequitable or cause undue hardship to the individual; (I) courts should avoid adopting mandatory fines and fees for misdemeanors and traffic-related and other low-level offenses and infractions; (J) courts should grant judges the authority and discretion to modify sanctions after sentencing if the circumstances of the defendant change, including that the ability of the defendant to pay a fine or fee becomes a hardship; (K) courts should adopt education requirements for judges and court personnel on issues related to all relevant constitutional and procedural principles relating to fines and fees; (L) courts should not impose a fine, fee, or any other penalty for the participation of an individual in community service programs or other alternative sanctions; (M) if courts utilize community service programs or alternative service sanctions, best practice and standards for those programs should be used, including fair wage attribution, caps on number of hours performed, and permissible activities of service; (N) courts should not order or extend probation or other court-ordered supervision exclusively for the purpose of collecting fines, fees, or costs; (O) courts should not charge interest on payment plans entered into by a defendant, respondent, or probationer; and (P) courts should consider the use of community service credits such as completing community service hours, domestic violence counseling, and drug treatment programs, as an alternative to payments. . (2) Regulations Not later than 90 days after the date of the enactment of this Act, the Executive Director of the State Justice Institute shall promulgate regulations to implement the amendments made by paragraph (1), including— (A) the information that shall be included in an application for funding under section 206 of the State Justice Institute Act of 1984 ( 42 U.S.C. 10705 ); and (B) any other requirements applicable to grantees under that section. (c) Records and reports Section 211(a) of the State Justice Institute Act of 1984 ( 42 U.S.C. 10710(a) ) is amended— (1) by striking The Institute and inserting (1) In general .—The Institute ; and (2) by adding at the end the following (2) Report on fines and fees (A) In general The Institute shall require that a recipient of a grant awarded for the purpose described in paragraph (8) of section 206(a) shall submit to the Institute an annual report that includes, for the previous 12-month period— (i) the number of new admissions to jail or prison due to failures to pay fines or fees; (ii) the number of new admissions to jail or prison due to failure to appear when the underlying offense is a failure to pay a fine or fee; (iii) the number and type of alternatives considered for defendants who are unable to pay fees and fines; (iv) the number of times a judicial hearing was contingent upon the prepayment of fines and fees, including hearing fees if the court deems the defendant ineligible for a fee waiver; (v) the number of times constitutionally adequate notices were provided to counsel in cases in which a fine or fee will be imposed; (vi) the number of times an arrest warrant or driver’s license suspension was used as a means of coercing an individual to pay a fine or fee owed to the court; (vii) the number of additional fees imposed by the department of motor vehicles to get a driver’s license reinstated or suspension lifted; (viii) the number of times monetary bail practices were used that caused defendants to stay incarcerated due to their inability to pay a fine or fee; (ix) the number of times voter disenfranchisement was used as a result of an individual’s inability to pay a fine or a fee owed to the court; (x) a disaggregation of the data described in this subparagraph by race, gender, and disability status; and (xi) any other additional statistical data that the Director determines should be collected and reported. (B) Waiver The Director shall have discretion to waive statistical data reporting requirements under subparagraph (A) that are not available to a recipient of a grant. (C) Report to Congress The Institute shall submit to the Bureau of Justice Statistics and to the Committee on Appropriations and Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives an annual report on the data submitted under subparagraph (A). . (d) Study (1) In general Not later than 3 years after the date on which grants are first awarded for the purpose described in paragraph (8) of section 206(a) of the State Justice Institute Act of 1984, as added by subsection (b) of this section, the Executive Director of the State Justice Institute shall conduct a study on the effectiveness such grants on the constitutional enforcement of targeted fines and fees by State and local courts. (2) Report Not later than 180 days after the date on which the Executive Director of the State Justice Institute completes the study under paragraph (1), the Executive Director shall submit to Congress a report on the study and any policy recommendations that the Executive Director determines are appropriate. (e) Authorization of appropriations Section 215 of the State Justice Institute Act of 1984 ( 42 U.S.C. 10713 ) is amended, in the first sentence by striking $7,000,000 for each of fiscal years 2005, 2006, 2007, and 2008 and inserting $27,000,000 for each of fiscal years 2022 through 2027, of which $20,000,000 shall be authorized to be appropriated for grants under paragraph (8) of section 206(a) .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3024is/xml/BILLS-117s3024is.xml
|
117-s-3025
|
II 117th CONGRESS 1st Session S. 3025 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Tester (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand health care and benefits from the Department of Veterans Affairs for military sexual trauma, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Servicemembers and Veterans Empowerment and Support Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Defining military sexual trauma Sec. 101. Military sexual trauma defined for the digital age. TITLE II—Disability compensation and claims processing Sec. 201. Definition of military sexual trauma. Sec. 202. Conforming changes relating to specialized teams to evaluate claims involving military sexual trauma. Sec. 203. Standard of proof for service-connection of mental health conditions relating to military sexual trauma. Sec. 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to disability resulting from military sexual trauma. Sec. 205. Communications from the Department of Veterans Affairs to military sexual trauma survivors. Sec. 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma. Sec. 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma. TITLE III—Access to Health Care Sec. 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces. Sec. 302. Connection to Veterans Health Administration when a disability claim related to military sexual trauma is submitted to Veterans Benefits Administration. Sec. 303. Study on access to inpatient mental health care for survivors of military sexual trauma. Sec. 304. Pilot program for interim access to mental health care for survivors of military sexual trauma. Sec. 305. Comptroller General study on access to care for survivors of military sexual trauma at the Department of Veterans Affairs. I Defining military sexual trauma 101. Military sexual trauma defined for the digital age (a) Revision to regulations required The Secretary of Veterans Affairs shall, in accordance with subsection (b), revise regulations for the definition of military sexual trauma for the purposes of access to health care under chapter 17 of title 38, United States Code, and compensation under chapter 11 of such title. (b) Requirements (1) Technological abuse (A) In general The Secretary shall ensure that all regulations revised under subsection (a) include matters relating to technological abuse to reflect sexual harassment in the digital age. (B) Inclusion of certain behavior and activities For purposes of subparagraph (A), the term technological abuse may include— (i) behavior intended to harm, threaten, intimidate, control, stalk, harass, impersonate, or monitor another person, except as otherwise permitted by law, that occurs via the internet, social networking sites, computers, mobile devices, mobile telephones, apps, location tracking devices, instant messages, text messages, or other forms of technology; and (ii) specific activities, including— (I) unwanted, repeated telephone calls, text messages, instant messages, or social media posts; (II) nonconsensual access of email accounts, texts or instant messaging accounts, social networking accounts, or mobile telephone logs; (III) attempting to control or restrict a person’s ability to access technology with the intent to isolate the person from support and social connection; (IV) using tracking devices or location tracking software for the purpose of monitoring or stalking another person’s location; (V) impersonation of a person with the intent to deceive or cause harm through the use of spoofing technology or the creation of fake email or social media accounts; or (VI) pressuring for or sharing of another person’s private information, photographs, or videos without the person's consent. (2) Collaboration In carrying out subsection (a), the Secretary of Veterans Affairs shall collaborate with the Secretary of Defense. (3) Consultation In carrying out subsection (a), the Secretary of Veterans Affairs shall consult with veterans service organizations, military service organizations, and other stakeholders. (c) Commencement of efforts Not later than one year after the date of the enactment of this Act, the Secretary shall commence efforts to carry out subsection (a). (d) Progress report Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the progress of the Secretary in carrying out subsection (a). (e) Final regulations Not later than two years after the date of the enactment of this Act, the Secretary shall— (1) issue the revised regulations required by subsection (a); and (2) update training aids, manuals, and informational materials for staff, veterans, members of the Armed Forces, and stakeholders to reflect the revised regulations. II Disability compensation and claims processing 201. Definition of military sexual trauma In this title, the term military sexual trauma has the meaning given such term in section 1167(j) of title 38, United States Code, as added by section 203(a). 202. Conforming changes relating to specialized teams to evaluate claims involving military sexual trauma Section 1166(c) of title 38, United States Code, as redesignated by section 7(a) of the Training in High-demand Roles to Improve Veteran Employment Act ( Public Law 117–16 ), is amended by striking In this section and all that follows and inserting the following: In this section, the terms covered mental health condition and military sexual trauma have the meanings given those terms in section 1167(j) of this title. . 203. Standard of proof for service-connection of mental health conditions relating to military sexual trauma (a) In general Subchapter VI of chapter 11 of such title is amended by adding at the end the following new section: 1167. Evaluation of claims involving military sexual trauma (a) Standard of proof (1) In the case of any veteran who claims that a covered mental health condition based on military sexual trauma was incurred in or aggravated by active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence, in accordance with subsections (b) and (c), of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, as specified in subsection (f), notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. (2) Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. (3) The reasons for granting or denying service-connection in each case shall be recorded in full. (b) Nonmilitary sources of evidence (1) In carrying out subsection (a), the Secretary shall ensure that if a claim for compensation under this chapter is received by the Secretary for a covered mental health condition based on military sexual trauma, evidence from sources other than official records of the Department of Defense regarding the veteran's service may corroborate the veteran's account of the trauma. (2) Examples of evidence described in paragraph (1) include the following: (A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. (B) Pregnancy tests and tests for sexually transmitted diseases. (C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. (c) Evidence of behavior changes (1) In carrying out subsection (a), the Secretary shall ensure that evidence of a behavior change following military sexual trauma is one type of relevant evidence that may be found in sources described in such subsection. (2) Examples of behavior changes that may be relevant evidence of military sexual trauma include the following: (A) A request for a transfer to another military duty assignment. (B) Deterioration in work performance. (C) Substance abuse or substance use disorder. (D) Episodes of depression, panic attacks, or anxiety without an identifiable cause. (E) Unexplained economic or social behavior changes. (d) Notice and opportunity To supply evidence The Secretary may not deny a claim of a veteran for compensation under this chapter for a covered mental health condition that is based on military sexual trauma without first— (1) advising the veteran that evidence described in subsections (b) and (c) may constitute credible corroborating evidence of the military sexual trauma; and (2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. (e) Role of lay statements In a case where evidence described in subsection (b) or (c) is unavailable, and the only evidence of the occurrence of the military sexual trauma is the veteran’s own lay statement, the Secretary shall accept such lay statement as credible evidence the event occurred, unless such statement is inconsistent with the places, types, and circumstances of the service of the veteran, including evidence of the veteran’s unit assignments, military specialty, or dates and locations of service, or unless there is clear and convincing evidence to the contrary. (f) Review of evidence (1) In reviewing a claim for compensation described in subsection (a)(1), for any evidence identified as part of such claim that is described in subsection (b) or (c), or if subsection (e) applies, the Secretary shall submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain an opinion as to whether it is at least as likely as not that there is a nexus between the military sexual trauma and any diagnosed covered mental health condition. (2) In the case of any veteran who submits with the claim for a covered mental health condition a lay statement describing the military sexual trauma, such veteran shall be provided with a medical examination and opinion as described in paragraph (1) without delay for request of records specified in subsections (b) and (c) from the veteran. (3) For any veteran described in paragraph (2), if the medical examination and opinion do not result in a diagnosis of a covered mental health condition and a positive opinion that the military sexual trauma is related to such diagnosis, the Secretary shall request the records specified in subsections (b) and (c) and, if such evidence is received, paragraph (1) shall again apply and a subsequent medical examination and opinion shall be requested. (g) Point of contact The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a) includes contact information for an appropriate point of contact with the Department. (h) Specialized teams The Secretary shall ensure that all claims for compensation described in subsection (a) are reviewed and processed by a specialized team established under section 1166 of this title. (i) Rule of construction regarding application to nonsexual personal assault The Secretary shall not construe this section as supplanting the standard of proof or evidence required for claims for posttraumatic stress disorder based on non-sexual personal assault, which the Secretary shall continue to define in regulation. (j) Definitions In this section: (1) The term covered mental health condition means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma and which may be service-connected. (2) The term military sexual trauma means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the active military, naval, or air service. . (b) Outreach Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims related to military sexual trauma, including consideration of lay statements and requirements for a medical examination and opinion. (c) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1167. Evaluation of claims involving military sexual trauma. . 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to disability resulting from military sexual trauma (a) In general Section 1165 of title 38, United States Code, is amended— (1) in the section heading, by inserting and location of medical examination after examiner ; (2) in subsection (a), by striking a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment and inserting military sexual trauma (as defined in section 1167(j) of this title) ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new subsection (c): (c) Choice of examination location (1) The Secretary shall ensure that a veteran who requires a medical examination in support of a claim described in subsection (a) may request that the medical examination take place at a facility of the Department by a qualified employee of the Department. (2) The Secretary— (A) shall grant any request under paragraph (1); and (B) may not issue a decision on a claim described in such paragraph before the requested examination is completed. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1165 and inserting the following new item: 1165. Choice of sex of medical examiner and location of medical examination for certain disabilities. . 205. Communications from the Department of Veterans Affairs to military sexual trauma survivors (a) Review board (1) In general The Secretary of Veterans Affairs shall establish a board to review correspondence relating to military sexual trauma. (2) Membership The Secretary shall appoint members of the board from among experts in military sexual trauma and mental health, including— (A) mental health providers of the Department; (B) experts on sexual assault and sexual harassment; and (C) members from both the Veterans Health Administration and Veterans Benefits Administration. (3) Duties The board established under paragraph (1) shall— (A) review all standard correspondence and other materials, which may include templates for notices under sections 5103 and 5104B of title 38, United States Code, as well as outreach materials and veteran-facing website content, from the Department of Veterans Affairs to survivors of military sexual trauma for sensitivity; and (B) ensure that the communications— (i) treat survivors with dignity and respect; and (ii) do not re-traumatize survivors. (b) Contents of written communications to military sexual trauma survivors The Secretary shall ensure that any written communication from the Department of Veterans Affairs to a military sexual trauma survivor shall include contact information for the following: (1) The military sexual trauma coordinator of the Veterans Benefits Administration. (2) The military sexual trauma coordinator for the Veterans Health Administration. (3) The Veterans Crisis Line. (4) The facility of the Veterans Health Administration closest to where the survivor resides. (c) Definitions In this section: (1) Military sexual trauma survivor The term military sexual trauma survivor means— (A) a veteran who has filed a claim for compensation under chapter 11 of title 38, United States Code, relating to military sexual trauma; (B) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (C) a former member of the Armed Forces or a veteran who is receiving care from the Department of Veterans Affairs relating to military sexual trauma. (2) Veterans Crisis Line The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma (a) Study required The Secretary of Veterans Affairs shall conduct a study on— (1) the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma; and (2) the quality of the procedures of the Department for reviewing the accuracy of the processing of such claims. (b) Elements The study required by subsection (a) shall include the following: (1) With respect to the quality of training described in paragraph (1) of such subsection: (A) Whether the Department ensures personnel complete such training on time. (B) Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy. (C) Such recommendations as the Secretary of Veterans Affairs may have for improving the training. (2) With respect to the quality of procedures described in paragraph (2) of such subsection: (A) Whether the procedures of the Department for reviewing the accuracy of the processing of claims described in such subsection comport with generally accepted statistical methodologies to ensure reasonable accuracy of such reviews. (B) Whether such procedures adequately include mechanisms to correct errors found in such reviews. (C) Such recommendations as the Secretary may have for improving such procedures. (c) Report required Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the Secretary with respect to the study conducted under subsection (a). 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma (a) Annual special focus review (1) In general Each year, the Under Secretary for Benefits of the Department of Veterans Affairs shall conduct a special focus review on the accuracy of the processing of claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma. (2) Elements Each review conducted under paragraph (1) shall include a review of the following: (A) A statistically significant, nationally representative sample of all claims for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (B) The accuracy of each decision made with respect to each claim described in subparagraph (A). (C) The types of benefit entitlement errors found, disaggregated by category. (D) Trends from year to year. (E) Training completion rates for personnel of the Department who process claims described in paragraph (1). (b) Reprocessing of claims If the Under Secretary finds, pursuant to a special focus review conducted under subsection (a)(1), that an error was made with respect to the entitlement of a veteran to a benefit under the laws administered by the Secretary, the Secretary shall return the relevant claim of the veteran to the appropriate regional office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim. (c) Re-Reviewing of claims If the Under Secretary finds, pursuant to a special focus review conducted under paragraph (1) of subsection (a), that the accuracy rate, under paragraph (2)(B) of such subsection, is less than 90 percent, the Secretary shall conduct a review of each claim for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (d) Report Section 5501(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 134 Stat. 5048) is amended by adding at the end the following new subparagraph: (I) The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the Servicemembers and Veterans Empowerment and Support Act of 2021 , including— (i) the elements under subsection (a)(2) of such section; (ii) the number of claims returned for reprocessing under subsection (b) of such section; and (iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim. . III Access to Health Care 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces Section 1720D of title 38, United States Code, is amended by striking subsections (f) and (g) and inserting the following new subsection (f): (f) In this section: (1) The term former member of the Armed Forces means a person who served on active duty, active duty for training, or inactive duty training, and who was discharged or released therefrom under any condition that is not— (A) a discharge by court-martial; or (B) a discharge subject to a bar to benefits under section 5303 of this title. (2) The term military sexual trauma means, with respect to a former member of the Armed Forces, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10). (3) The term sexual harassment means unsolicited verbal or physical contact of a sexual nature which is threatening in character. . 302. Connection to Veterans Health Administration when a disability claim related to military sexual trauma is submitted to Veterans Benefits Administration (a) In general Not later than 14 days after the date on which a veteran submits a claim for disability compensation to the Veterans Benefits Administration for a disability related to military sexual trauma, the Secretary of Veterans Affairs shall send a communication to the veteran with the following information: (1) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Benefits Administration and a description of the assistance such coordinator can provide. (2) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Health Administration and a description of the assistance such coordinator can provide. (3) The types of services that survivors of military sexual trauma are eligible to receive from the Department of Veterans Affairs, including the nearest locations and the contact information for such services. (4) The contact information for the Veterans Crisis Line established under section 1720F(h) of title 38, United States Code. (5) Such other information on services, care, or resources for military sexual trauma as the Secretary determines appropriate. (b) Definition of military sexual trauma In this section, the term military sexual trauma has the meaning given such term in section 1167(j) of title 38, United States Code, as added by section 203(a). 303. Study on access to inpatient mental health care for survivors of military sexual trauma (a) In general The Secretary of Veterans Affairs shall conduct a study on access to inpatient mental health care for current and former members of the Armed Forces who are survivors of military sexual trauma. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of the availability of bed spaces in the mental health residential rehabilitation treatment programs of the Department of Veterans Affairs for survivors of military sexual trauma, including the suitability of those programs for such survivors and the wait times for services under those programs. (2) An assessment of geographic disparities in access to those programs for survivors of military sexual trauma, including by region and by rural and urban areas. (3) An assessment of alternative care options provided when a survivor of military sexual trauma is waiting for inpatient care, the efficacy of those alternatives, and the satisfaction of patients with those alternatives. (4) Recommendations for reducing the average wait time for services under those programs to 14 days or less, including by increasing bed space or addressing staffing needs. (5) An assessment of the satisfaction of patients with the tracks of those programs specific to military sexual trauma, the wait times for services under those tracks, and recommendations for increasing or changing the number of locations for services under those tracks to better meet the needs of survivors of military sexual trauma. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the study required by subsection (a). (d) Definition of military sexual trauma In this section, the term military sexual trauma has the meaning given such term in section 1720D(f) of title 38, United States Code, as added by section 301. 304. Pilot program for interim access to mental health care for survivors of military sexual trauma (a) In general Commencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to provide intensive outpatient mental health care to current and former members of the Armed Forces who are survivors of military sexual trauma when the wait times for inpatient mental health care from the Department of Veterans Affairs for the survivor is more than 14 days. (b) Duration The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program under subsection (a) at not fewer than four Veterans Integrated Service Networks of the Department. (2) Selection of locations In selecting locations for the pilot program under subsection (a), the Secretary shall select locations that have the longest wait times for inpatient mental health care, particularly for survivors of military sexual trauma. (3) Notification Before commencing the pilot program under subsection (a), the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of the locations selected for the pilot program. (d) Types of services Subject to the preference of the survivor participating in the pilot program under subsection (a) and the capacity of facilities of the Department, the Secretary may provide services under the pilot program via telehealth or at community-based outpatient clinics of the Department. (e) Participation (1) Clarification on participation Participation by a survivor in the pilot program under subsection (a) shall be during the period in which the survivor is waiting for an inpatient bed opening and shall not disqualify the survivor from receiving inpatient mental health care following their participation in the pilot program. (2) Decisions on participation Decisions about the participation of a survivor in the pilot program and the transition of the survivor to inpatient mental health care shall be made by the survivor and their health care provider. (f) Report Not later than 180 days after the conclusion of the pilot program under subsection (a), the Secretary shall submit to Congress a report on— (1) participation in the pilot program; (2) clinical outcomes under the pilot program; and (3) such recommendations for continuation or termination of the program as the Secretary may have, including recommendations for legislative or administrative action. (g) Definition of military sexual trauma In this section, the term military sexual trauma has the meaning given such term in section 1720D(f) of title 38, United States Code, as added by section 301. 305. Comptroller General study on access to care for survivors of military sexual trauma at the Department of Veterans Affairs (a) In general The Comptroller General of the United States shall conduct a study on access to mental health care for survivors of military sexual trauma at facilities of the Department of Veterans Affairs. (b) Elements The study conducted under subsection (a) shall include an assessment of the following: (1) The availability of inpatient and outpatient services, including wait times and geographic disparities for such services. (2) The availability of other types of training and support services for survivors of military sexual trauma, such as the Parenting STAIR program of the Department. (3) The communication and advertisement by the Department of the care, services, and resources available for such survivors. (4) The barriers to accessing mental health care at a facility of the Department for such survivors, including transportation, child care, lack of telehealth, and more. (5) The barriers to mental health care at facilities of the Department for such survivors of each gender, including the unique considerations for male survivors versus female survivors. (6) The extent to which the Secretary has assessed the quality of the training provided to providers of the Department on military sexual trauma and made any adjustments in response to such assessment. (7) The role of Vet Centers in providing care to such survivors, including current and former members of the Armed Forces. (8) The role of military sexual trauma coordinators of the Veterans Health Administration in coordinating and providing care for such survivors at facilities of the Department. (9) Any current actions by the Secretary to strengthen access to high-quality care for such survivors and such recommendations for improving access to care for such survivors as the Comptroller General considers appropriate. (c) Report Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subsection (a). (d) Definitions In this section: (1) Military sexual trauma In this section, the term military sexual trauma has the meaning given such term in section 1720D(f) of title 38, United States Code, as added by section 301. (2) Vet Center The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3025is/xml/BILLS-117s3025is.xml
|
117-s-3026
|
II 117th CONGRESS 1st Session S. 3026 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Cotton (for himself, Mr. McConnell , Mrs. Blackburn , Mr. Marshall , Mr. Boozman , Mr. Daines , Mr. Scott of Florida , Mr. Cramer , Ms. Lummis , Mr. Rubio , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to ensure that public institutions of higher education eschew policies that improperly constrain the expressive rights of students, and to ensure that private institutions of higher education are transparent about, and responsible for, their chosen speech policies.
1. Short title This Act may be cited as the Campus Free Speech Restoration Act . 2. Protection of student speech and association rights Section 112(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1011a(a) ) is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: (2) It is the sense of Congress that— (A) every individual should be free to profess, and to maintain, the opinion of such individual in matters of religion or philosophy, and that professing or maintaining such opinion should in no way diminish, enlarge, or affect the civil liberties or rights of such individual on the campus of an institution of higher education; and (B) no public institution of higher education directly or indirectly receiving financial assistance under this Act should limit religious expression, free expression, or any other rights provided under the First Amendment to the Constitution of the United States. (3) It is the sense of Congress that— (A) free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; (B) bias reporting systems are susceptible to abuses that may put them at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; and (C) no public institution of higher education directly or indirectly receiving financial assistance under this Act should restrict the speech of such institution’s students through improperly restrictive zones, codes, or bias reporting systems. . 3. Campus speech policies at institutions of higher education Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et. seq.) is amended— (1) in section 487(a), by adding at the end the following: (30) In the case of an institution that is a public institution, the institution will comply with the expressive activity protections described in section 493E. ; and (2) in part G, by adding at the end the following: 493E. Campus speech policies at public universities (a) Definition of expressive activities (1) In general In this section, the term expressive activity includes— (A) peacefully assembling, protesting, speaking, or listening; (B) distributing literature; (C) carrying a sign; (D) circulating a petition; or (E) other expressive rights guaranteed under the First Amendment to the Constitution of the United States. (2) Exclusions In this section, the term expressive activity does not include unprotected speech (as defined by the precedents of the Supreme Court of the United States). (b) Expressive activities at an institution (1) In general Each public institution of higher education participating in a program under this title may not prohibit, subject to paragraph (2), a person from freely engaging in noncommercial expressive activity in a generally accessible outdoor area on the institution's campus if the person's conduct is lawful. (2) Restrictions An institution of higher education described in paragraph (1) may not maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus unless the restriction— (A) is necessary to achieve a compelling governmental interest; (B) is the least restrictive means of furthering that compelling governmental interest; (C) is based on published, content-neutral, and viewpoint-neutral criteria; (D) leaves open ample alternative channels for communication; and (E) provides for spontaneous assembly and distribution of literature. (3) Application The protections provided under paragraph (1) do not apply to expressive activity in an area on an institution's campus that is not a generally accessible outdoor area. (4) Nonapplication to service academies This section shall not apply to an institution of higher education whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine. (c) Causes of action (1) Authorization The following persons may bring an action in a Federal court of competent jurisdiction to enjoin a violation of subsection (b) or to recover compensatory damages, reasonable court costs, or reasonable attorney fees: (A) The Attorney General. (B) A person claiming that the person's expressive activity rights, as described in subsection (b)(1), were violated. (2) Actions Notwithstanding any other provision of law, in an action brought under this section, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court— (A) shall— (i) enjoin the violation; and (ii) if a person whose expressive activity rights were violated brought the action, award the person— (I) not less than $500 for an initial violation; and (II) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and (B) may award a prevailing plaintiff— (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees. (d) Statute of limitations (1) In general Except as provided in paragraph (3), an action under subsection (c) may not be brought later than 1 year after the date of the violation. (2) Continuing violation Each day that a violation of subsection (b) continues after an initial violation of subsection (b), and each day that an institution's policy in violation of subsection (b) remains in effect, shall constitute a continuing violation of subsection (b). (3) Extension For a continuing violation described in paragraph (2), the limitation described in paragraph (1) shall extend to 1 year after the date on which the most recent violation occurs. (e) Federal review of speech policies (1) No eligibility for funds (A) In general No public institution of higher education shall be eligible to receive funds under this Act, including participation in any program under this title, if the Secretary determines that the institution— (i) maintains a policy that infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States; or (ii) maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). (B) Court review Notwithstanding any other provision of law, the Secretary’s determinations under this subsection shall be reviewed de novo with respect to all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. (2) Designation of an employee to receive complaints The Secretary shall designate an employee in the Office of Postsecondary Education of the Department to receive complaints from students or student organizations at a given public institution of higher education, or from any other person or organization, regarding policies at the institution— (A) that infringe upon the expressive rights of students under the First Amendment to the Constitution of the United States; or (B) that maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). (3) Complaint A complaint submitted under subparagraph (2)— (A) shall include the provision of the institution’s policy the complainant believes either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2), along with any evidence regarding the operation and enforcement of such policy the complainant deems relevant; and (B) may include an argument as to why the policy in question either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2). (4) System of review (A) First stage review (i) Request for response Not later than 7 days after the date of receipt of a complaint under paragraph (2), the Secretary shall review the complaint and request a response to the complaint from the institution. (ii) Institution response Not later than 30 days after the date the Secretary requests a response under clause (i), the institution shall— (I) certify to the Secretary that the institution has entirely withdrawn the policy that occasioned the complaint; (II) submit a revised policy for review by the Secretary; or (III) submit a defense of the policy that occasioned the complaint. (iii) Availability to complainant (I) In general Not later than 7 days after the date of receipt of a revised policy or defense of the original policy as submitted by the institution pursuant to clause (ii), the Secretary shall make available to the complainant a copy of such revised policy or defense. (II) Response by complainant Not later than 60 days after the date of receipt of a revised policy or defense of the original policy under subclause (I), the complainant may submit to the Secretary a response to the revised policy or defense of the original policy. (III) Submission to the institution of response Not later than 7 days after the date of receipt of a response under subclause (II), the Secretary shall submit to the institution a copy of such response. (iv) Determinations If the institution declines to entirely withdraw the policy that occasioned the complaint and either submits a revised policy for review or submits a defense of the policy that occasioned the complaint, the Secretary shall, not later than 60 days after the date of the deadline for a response by the complaint as described in clause (iii)(II), make one of the following determinations: (I) Determine that the complaint in question has insufficient merit to proceed to Second Stage Review described in subparagraph (B). (II) Determine that the complaint in question has sufficient merit to proceed to Second Stage Review described in subparagraph (B). (v) Notification Not later than 7 days after the date the Secretary makes a determination under clause (iv), the Secretary shall notify the institution and the complainant of such determination. (vi) End The determination under clause (iv) shall constitute the end of First Stage Review. (B) Second stage review (i) In general In a Second Stage Review, the Secretary shall notify the institution and the complainant of the commencement of the Second Stage Review, and shall give the institution the option of entirely withdrawing the policy that occasioned the complaint or submitting a revised policy for review within 30 days of the commencement of the Second Stage Review. In such notification submitted to the institution and complainant, the Secretary shall indicate the relevant sections of the institution’s policy in question and explain why these sections may be out of compliance. (ii) Determination Not later than 90 days from the commencement of the Second Stage Review, the Secretary shall determine whether the policy that occasioned the complaint, or the revised policy submitted during the First Stage Review, or the revised policy submitted within the first 30 days of the Second Stage Review, is in violation of student rights under the First Amendment to the Constitution of the United States or of the restrictions on the regulation of speech by time, place, and manner set forth in this section, thereby ending Second Stage Review. (iii) Investigation During Second Stage Review, the Secretary may conduct an investigation in which further information may be sought or requested from the complainant, the institution, or any other source the Secretary determines pertinent. (iv) Certification of withdrawal At any point during the Second Stage Review, the institution in question may certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, thereby ending the Second Stage Review. (v) Notification and justification If the Secretary determines by the conclusion of Second Stage Review that the policy that occasioned the complaint or the revised policy submitted for review during First Stage Review or Second Stage Review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and the restrictions on the regulation of speech by time, place, and manner set forth in this Act— (I) the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date of the determination; and (II) the Secretary shall explain and justify such determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (C) Determination that institution is out of compliance (i) In general If, upon completion of the Second Stage Review, the Secretary determines that the policy that occasioned the complaint, or the revised policy submitted for review during the First Stage Review or Second Stage Review, violates the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech set forth in this section, the Secretary shall notify the complainant and the institution not more than 7 days after the date of completion of Second Stage Review that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 120 days to return to compliance before being formally stripped of eligibility. (ii) Posting; explanation; final review As part of the notification under clause (i), the Secretary shall— (I) require the institution to post the determination of the Secretary on the website of the institution within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; (II) explain and justify the determination of the Secretary in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and (III) inform the institution that Final Review has begun and that the institution must either certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, or submit a revised policy for review to the Secretary not later than 60 days after the date of receipt of notice of the conclusion of Second Stage Review. (D) Final review (i) In general If an institution submits a revised policy for review as described in subparagraph (C)(ii)(III), the Secretary shall review such revised policy and determine not later than 120 days after the date of commencement of Final Review whether the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. (ii) Determination of compliance If the Secretary determines, as described in clause (i), that the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review. (iii) Determination of violation If the Secretary determines, as described in clause (i), that the revised policy violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall— (I) notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review; and (II) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (E) Loss of eligibility (i) In general If the Secretary determines, during the Final Stage Review, that the institution’s policy in question violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall— (I) notify the complainant and the institution not more than 7 days after the date of the determination that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title, in accordance with this subparagraph; (II) notify the institution that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; (III) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and (IV) require the institution to post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. (ii) Continued eligibility Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. (F) Restoration of eligibility (i) In general Not later than 7 days after the loss of eligibility under subparagraph (E), the Secretary shall inform the institution that it may restore eligibility, either by certifying to the Secretary that it has entirely withdrawn the policy that precipitated loss of eligibility, or by submitting a revised policy for review at any time following the failure of the Final Review. (ii) Review of revised policy The Secretary shall review a revised policy submitted for review after the loss of eligibility and determine not later than 120 days after the date the revised policy is submitted whether it is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. (iii) Investigation While conducting a review to restore eligibility under this subparagraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. (iv) Written decision In making a determination of whether a revised policy submitted for review after the loss of eligibility is either consistent or inconsistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (v) Limit on review The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. (vi) Restoration If an institution certifies to the Secretary that the policy that precipitated the loss of eligibility has been entirely withdrawn, or if Secretary determines that the revised policy submitted for review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the institution’s eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. (G) Good faith representation (i) In general The Secretary shall inform any institution undergoing review of its campus speech policies that it expects the institution to represent its policies, along with any proposed revisions in such policies, in good faith. (ii) Misrepresentation (I) Complaints A student, student organization, or any other person or organization may file, with the employee in the Office of Postsecondary Education of the Department designated by the Secretary under paragraph (2) to receive complaints, a complaint that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary. (II) Loss of eligibility If the Secretary determines upon investigation, or after receiving a complaint under subclause (I), that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary, the institution shall lose eligibility to receive funds under this Act, including participation in any program under this title. (iii) Loss of eligibility If an institution loses eligibility under clause (ii), the Secretary shall notify the institution, not later than 7 days after the determination, that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for students admitted in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made. (f) Retaliation prohibited (1) In general No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this section. (2) Specific circumstances (A) Exercise of first amendment rights The exercise of rights protected under the First Amendment to the Constitution of the United States does not constitute retaliation prohibited under paragraph (1). (B) Code of conduct violation for materially false statement Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this section does not constitute retaliation prohibited under paragraph (1). A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. 493F. Campus speech policies at private universities (a) In general Each private institution of higher education eligible to receive funds under this Act, including any program under this title, shall— (1) post in one place on the website of the institution all policies that pertain to the protection and regulation of the expressive rights of students, including the right to submit a complaint under this section, within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; (2) include a copy of such policies in a handbook distributed to new students; and (3) send a copy of— (A) such policies to the employee of the Department designated by the Secretary to receive such policies; and (B) any updates to such policies to such employee not later than 60 days after the date of a change to such policies. (b) Responsibility for full policy disclosure Each private institution of higher education described in subsection (a) shall include with the copy of the policies described in subsection (a)— (1) a statement affirming that all policies pertinent to the protection and regulation of the expressive rights of students have been disclosed in the manner required by this section, along with an acceptance of contractual obligation to publicly disclose all such policies; and (2) a statement affirming that publication of such policies as required by this section establishes a contractual obligation on the part of the institution to its students to maintain and enforce the disclosed policies, and only those policies, in matters pertaining to the protection and regulation of the expressive rights of students. (c) Cause of action (1) Authorization A student claiming that a private institution of higher education in which the student is enrolled has violated any requirement or contractual obligation imposed by this section may bring an action in a Federal court of competent jurisdiction to enjoin such violation or to recover compensatory damages, reasonable court costs, or reasonable attorney fees. (2) Actions Notwithstanding any other provision of law, in an action brought under this subsection, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court— (A) shall— (i) enjoin the violation; and (ii) award the student— (I) not less than $500 for an initial violation; and (II) if the student notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and (B) may award a prevailing plaintiff— (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees. (d) Secretarial requirements (1) Designation of an employee The Secretary shall designate an employee in the Office of Postsecondary Education in the Department who shall— (A) receive and compile updated copies of all policies pertaining to the protection and regulation of the expressive rights of students at private institutions of higher education that receive funds under this section, including any programs under this title; (B) preserve all records of such policies for a period of not less than 10 years and make such policies, and the dates they were disclosed, modified, or withdrawn, available for public inspection, including for online reading by the public; (C) receive complaints from students, student organizations, or from any other person or organization, that believes a private institution of higher education has not disclosed a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; (D) not more than 7 days after the date of receipt of a complaint under subparagraph (C), review the complaint and request a response from the institution; (E) undertake an investigation, in response to a complaint under subparagraph (C) or at the Secretary’s independent initiative, to determine whether a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; and (F) determine, not later than 120 days after the date of receipt of a complaint or 120 days after the date of the start of an investigation opened at the Secretary’s independent initiative, whether the private institution of higher education in question has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section. (2) Loss of eligibility (A) In general If the Secretary determines that a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination, that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 60 days to return to compliance before formally losing eligibility for receiving funds under this Act, including participation in any program under this title. (B) Specifications in notification As part of the notification under subparagraph (A), the Secretary shall specify which policies need to be disclosed and which statements affirming contractual responsibility for speech policy disclosure and contractual responsibility for speech policy enforcement need to be made and published in order for eligibility to be restored. (C) Notification of loss of eligibility (i) In general If the Secretary determines that, 60 days after being notified that it is out of compliance as described in subparagraph (A), the institution has failed to return to compliance by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination— (I) that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title; (II) that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; and (III) that the institution shall post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. (ii) Continued eligibility Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. (3) Restoration of eligibility (A) In general Not later than 7 days after the loss of eligibility under paragraph (2), the Secretary shall inform the institution that it may restore eligibility by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, as directed by the Secretary in conformity with this section. (B) Review The Secretary shall review any policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, and determine whether they are sufficient to restore eligibility for receiving funds under this Act, including participation in any program under this title, not later than 120 days after the date of receipt of such disclosures or statement. (C) Investigation While conducting a review to restore eligibility under this paragraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. (D) Restoration If the Secretary determines that the institution under review to restore eligibility under this paragraph has made the policy disclosures, and issued the statement affirming contractual responsibility for full speech policy disclosure, and the statement affirming contractual responsibility for speech policy enforcement, as required by this section, the institution’s eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. (E) Limit on review The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. (e) Nonapplication to certain institutions This section shall not apply to an institution of higher education that is controlled by a religious organization. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3026is/xml/BILLS-117s3026is.xml
|
117-s-3027
|
II 117th CONGRESS 1st Session S. 3027 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office .
1. Joseph R. Lentol Post Office (a) Designation The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the Joseph R. Lentol Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Joseph R. Lentol Post Office .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3027is/xml/BILLS-117s3027is.xml
|
117-s-3028
|
II 117th CONGRESS 1st Session S. 3028 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Markey (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Attorney General to make grants to, and enter into cooperative agreements with, States and units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government.
1. Short title This Act may be cited as the Community Re-Entry through Addiction Treatment to Enhance Opportunities Act or as the CREATE Opportunities Act . 2. Medication-assisted Treatment Corrections and Community Reentry Program (a) Definitions In this section— (1) the term Attorney General means the Attorney General, acting through the Director of the National Institute of Corrections; (2) the term certified recovery coach means an individual— (A) with knowledge of, or experience with, recovery from a substance use disorder; and (B) who— (i) has completed training through, and is determined to be in good standing by— (I) a single State agency; or (II) a recovery community organization that is capable of conducting that training and making that determination; and (ii) meets the criteria specified by the Attorney General, in consultation with the Secretary of Health and Human Services, for qualifying as a certified recovery coach for the purposes of this Act; (3) the term correctional facility has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ); (4) the term covered grant or cooperative agreement means a grant received, or cooperative agreement entered into, under the Program; (5) the term covered program means a program— (A) to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdiction of the State or unit of local government carrying out the program; and (B) that is developed, implemented, or expanded through a covered grant or cooperative agreement; (6) the term medication-assisted treatment means the use of 1 or more drugs, or 1 or more combinations of drugs, that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder, in combination with evidence-based counseling and behavioral therapies, such as psychosocial counseling, overseen by 1 or more social work professionals and 1 or more qualified clinicians, to provide a comprehensive approach to the treatment of substance use disorders; (7) the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; (8) the term Panel means the Medication-assisted Treatment Corrections and Community Reentry Application Review Panel established under subsection (e)(2); (9) the term participant means an individual who participates in a covered program; (10) the term political appointee has the meaning given the term in section 714(h) of title 38, United States Code; (11) the term Program means the Medication-assisted Treatment Corrections and Community Reentry Program established under subsection (b); (12) the term psychosocial means the interrelation of social factors and individual thought and behavior; (13) the term recovery community organization has the meaning given the term in section 547 of the Public Health Service Act ( 42 U.S.C. 290ee–2 ); (14) the term single State agency means, with respect to a State or unit of local government, the single State agency identified by the State, or the State in which the unit of local government is located, in the plan submitted by that State under section 1932(b)(1)(A)(i) of the Public Health Service Act ( 42 U.S.C. 300x–32(b)(1)(A)(i) ); (15) the term State means— (A) each State of the United States; (B) the District of Columbia; and (C) each commonwealth, territory, or possession of the United States; and (16) the term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ), except that such term also includes a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Authorization Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a program— (1) that shall be known as the Medication-assisted Treatment Corrections and Community Reentry Program ; and (2) under which the Attorney General— (A) may make grants to, and enter into cooperative agreements with, States or units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment that meets the standard of care generally accepted for the treatment of opioid use disorder to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government; and (B) shall establish a working relationship with 1 or more knowledgeable corrections organizations with expertise in security, medical health, mental health, and addiction care to oversee and support implementation of the program, including through the use of evidence-based clinical practices. (c) Purposes The purposes of the Program are to— (1) develop medication-assisted treatment programs in consultation with nonprofit organizations and community organizations that are qualified to provide technical support for the programs; (2) reduce the risk of overdose to participants after the participants are released from incarceration; and (3) reduce the rate of reincarceration. (d) Program requirements In carrying out a covered program, a State or unit of local government shall— (1) in providing medication-assisted treatment under the covered program, offer to participants 3 or more drugs that— (A) have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (B) do not contain the same active moiety; and (2) use— (A) screening tools with psychometric reliability and validity that provide useful clinical data to guide the long-term treatment of participants who have— (i) opioid use disorder; or (ii) co-occurring opioid use disorder and mental disorders; (B) at each correctional facility at which the covered program is carried out, a sufficient number of personnel, as determined by the Attorney General in light of the number of individuals incarcerated at the correctional facility and the number of those individuals who the correctional facility has screened and identified as having opioid use disorder, to— (i) monitor participants with active opioid use disorder who begin participation in the covered program while demonstrating, or develop, signs and symptoms of opioid withdrawal; (ii) provide evidence-based medically managed withdrawal care or assistance to the participants described in clause (i); (iii) prescribe or otherwise dispense— (I) the drugs that are offered under the covered program, as required under paragraph (1); and (II) naloxone or any other emergency opioid antagonist approved by the Commissioner of Food and Drugs to treat opioid overdose; and (iv) discuss with participants the risks and benefits of, and differences among, the opioid antagonist, opioid agonist, and partial agonist drugs used to treat opioid use disorder; and (C) a certified recovery coach, social work professional, or other qualified clinician who, in order to support the sustained recovery of participants, shall work with participants who are recovering from opioid use disorder. (e) Application (1) In general A State or unit of local government desiring a covered grant or cooperative agreement shall submit to the Attorney General an application that— (A) shall include— (i) a description of— (I) the objectives of the medication-assisted treatment program that the applicant will develop, implement, or expand under the covered grant or cooperative agreement; (II) the activities that the applicant will carry out under the covered program; (III) how the activities described under subclause (II) will achieve the objectives described in subclause (I); and (IV) the outreach and education component of the covered program that the applicant will carry out in order to encourage maximum participation in the covered program; (ii) a plan for— (I) measuring progress in achieving the objectives described in clause (i)(I), including a strategy to collect data that can be used to measure that progress; (II) collaborating with the single State agency for the applicant or 1 or more nonprofit organizations in the community of the applicant to help ensure that— (aa) if participants so desire, participants have continuity of care after release from incarceration with respect to the form of medication-assisted treatment the participants received during incarceration, including— (AA) by working with community service providers to assist eligible participants, before release from incarceration in registering for the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or other minimum essential coverage, as defined in section 5000A(f) of the Internal Revenue Code of 1986; and (BB) if a participant cannot afford, or does not qualify for, health insurance that provides coverage with respect to enrollment in a medication-assisted treatment program, and if the participant cannot pay the cost of enrolling in a medication-assisted treatment program, by working with units of local government, nonprofit organizations, opioid use disorder treatment providers, and entities carrying out programs under substance use disorder grants to, before the participant is released from incarceration, identify a resource, other than the applicant or the covered program to be carried out by the applicant, that may be used to pay the cost of enrolling the participant in a medication-assisted treatment program; (bb) medications are securely stored; and (cc) protocols relating to diversion are maintained; and (III) with respect to each community in which a correctional facility at which a covered program will be carried out is located, collaborating with State agencies responsible for overseeing programs relating to substance use disorder and local public health officials and nonprofit organizations in the community to help ensure that medication-assisted treatment provided at each correctional facility at which the covered program will be carried out is also available at locations that are not correctional facilities in those communities, to the greatest extent practicable; and (iii) a certification that— (I) each correctional facility at which the covered program will be carried out has access to a sufficient number of clinicians who are licensed to prescribe or otherwise dispense to participants the drugs for the treatment of opioid use disorder required to be offered under subsection (d)(1), which may include clinicians who use telemedicine, in accordance with regulations issued by the Administrator of the Drug Enforcement Administration, to provide services under the covered program; and (II) the covered program will provide evidence-based counseling and behavioral therapies, which may include counseling and therapy administered through the use of telemedicine, as appropriate, to participants as part of the medication-assisted treatment provided under the covered program; and (B) may include a statement indicating the number of participants that the applicant expects to serve through the covered program. (2) Medication-Assisted Treatment Corrections and Community Reentry Application Review Panel (A) In general Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish a Medication-assisted Treatment Corrections and Community Reentry Application Review Panel that shall— (i) be composed of not fewer than 10 individuals and not more than 15 individuals; and (ii) include— (I) 1 or more employees, who are not political appointees, of— (aa) the Department of Justice; (bb) the Drug Enforcement Administration; (cc) the Substance Abuse and Mental Health Service Administration; (dd) the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention; and (ee) the Office of National Drug Control Policy; and (II) other stakeholders who— (aa) have expert knowledge relating to the opioid epidemic, drug treatment, or community addiction services; and (bb) represent law enforcement organizations and public health entities. (B) Duties (i) In general The Panel shall— (I) review and evaluate applications for covered grants and cooperative agreements; and (II) make recommendations to the Attorney General relating to the awarding of covered grants and cooperative agreements. (ii) Rural communities In reviewing and evaluating applications under clause (i), the Panel shall take into consideration the unique circumstances, including the lack of resources relating to the treatment of opioid use disorder, faced by rural States and units of local government. (C) Termination The Panel shall terminate on the last day of fiscal year 2025. (3) Publication of criteria in Federal Register Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Panel, shall publish in the Federal Register— (A) the process through which applications submitted under paragraph (1) shall be submitted and evaluated; and (B) the criteria used in awarding covered grants and cooperative agreements. (f) Duration A covered grant or cooperative agreement shall be for a period of not more than 4 years, except that the Attorney General may extend the term of a covered grant or cooperative agreement based on outcome data or extenuating circumstances relating to the covered program carried out under the covered grant or cooperative agreement. (g) Report (1) In general Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant or cooperative agreement, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant or cooperative agreement ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the covered program carried out by the State or unit of local government, including information relating to— (A) the goals of the covered program; (B) any evidence-based interventions carried out under the covered program; (C) outcomes of the covered program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the covered program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the covered program; and (D) expenditures under the covered program. (2) Publication (A) Awardee A State or unit of local government that submits a report under paragraph (1) shall make the report publicly available on— (i) the website of each correctional facility at which the State or unit of local government carried out the covered grant program; and (ii) if a correctional facility at which the State or unit of local government carried out the covered grant program does not operate a website, the website of the State or unit of local government. (B) Attorney General The Attorney General shall make each report received under paragraph (1) publicly available on the website of the National Institute of Corrections. (3) Submission to Congress Not later than 2 years after the date on which the Attorney General awards the first covered grant or cooperative agreement, and each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a summary and compilation of the reports that the Attorney General has received under paragraph (1) during the year preceding the date on which the Attorney General submits the summary and compilation. (h) Authorization of appropriations There is authorized to be appropriated $50,000,000 to carry out this section for each of fiscal years 2022 through 2025.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3028is/xml/BILLS-117s3028is.xml
|
117-s-3029
|
II 117th CONGRESS 1st Session S. 3029 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 230(c) of the Communications Act of 1934 to remove immunity for providers of interactive computer services for certain claims, and for other purposes.
1. Short title This Act may be cited as the Protecting Americans from Dangerous Algorithms Act . 2. Amendment to the Communications Decency Act Section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) is amended by adding at the end the following: (3) Algorithmic amplification (A) In general For purposes of paragraph (1), a provider of an interactive computer service shall be considered to be an information content provider and the protection under that paragraph shall not apply for any claim described in subparagraph (B) of this paragraph. (B) Conditions for claim (i) In general A claim described in this subparagraph is a claim— (I) in a civil action brought under— (aa) section 1980 or 1981 of the Revised Statutes ( 42 U.S.C. 1985 , 1986); or (bb) section 2333 of title 18, United States Code; and (II) that, except as provided in clause (ii), involves a case in which the interactive computer service used an algorithm, model, or other computational process to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post, page, group, account, channel, or affiliation) provided to a user of the service if the information is directly relevant to the claim. (ii) Exception The requirement under clause (i)(II) is not satisfied if— (I) the information delivery or display is ranked, ordered, promoted, recommended, amplified, or similarly altered in a way that is obvious, understandable, and transparent to a reasonable user based only on the delivery or display of the information (without the need to reference the terms of service or any other agreement), including sorting information— (aa) chronologically or reverse chronologically; (bb) by average user rating or number of user reviews; (cc) alphabetically; (dd) randomly; and (ee) by views, downloads, or a similar usage metric; or (II) the algorithm, model, or other computational process is used for information for which a user specifically searches. (C) Exemptions (i) Small businesses Subparagraph (A) shall not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) had not more than 10,000,000 unique monthly visitors or users for not fewer than 3 of the preceding 12 months. (ii) Internet infrastructure Subparagraph (A) shall not apply to a provider of an interactive computer service that is used by another interactive computer service for the management, control, or operation of that other interactive computer service, including for— (I) web hosting; (II) domain registration; (III) content delivery networks; (IV) caching; (V) data storage; and (VI) cybersecurity. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3029is/xml/BILLS-117s3029is.xml
|
117-s-3030
|
II 117th CONGRESS 1st Session S. 3030 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Schatz (for himself, Mrs. Feinstein , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to issue a notice to the public regarding each enforcement action under the Occupational Safety and Health Act of 1970 that results in large penalties or where multiple violations or repeated other-than-serious violations are present.
1. Short title This Act may be cited as the Keeping Workers Safe Act . 2. Publicizing large OSHA penalties Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended by adding at the end the following: (m) Disclosure of large civil penalties (1) In general For each enforcement action against an employer in which the Secretary has assessed civil penalties in an amount greater than $60,000, or where multiple serious or repeated other-than-serious violations are present, the Secretary shall issue a notice to the public regarding the enforcement action not later than 7 days after the date on which the citation is issued. (2) Distribution The Secretary shall ensure that a notice to the public issued under paragraph (1) is distributed to relevant regional and local newspapers in the region in which the employer subject to the enforcement action is located, associated trade or industry organizations, relevant labor organizations, and relevant State and local government entities. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3030is/xml/BILLS-117s3030is.xml
|
117-s-3031
|
II 117th CONGRESS 1st Session S. 3031 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Rubio (for himself, Mr. Kelly , Mr. Scott of Florida , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to modify certain allotments under that Act, and for other purposes.
1. Short title This Act may be cited as the Clean Water Allotment Modernization Act of 2021 . 2. Modification to allotments under the Federal Water Pollution Control Act Section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 ) is amended by striking the section designation and heading and all that follows through the end of subsection (a) and inserting the following: 205. Allotments (a) In general (1) Definitions In this subsection: (A) Buy American oversight The term Buy American oversight means any activity carried out by the Administrator for the purposes of management or oversight with respect to section 608. (B) Clean watersheds needs survey The term clean watersheds needs survey means the detailed estimate prepared by the Administrator under section 516(b)(1)(B). (C) State The term State means— (i) each of the 50 States; (ii) the District of Columbia; and (iii) the Commonwealth of Puerto Rico. (D) United States territory The term United States territory means— (i) American Samoa; (ii) the Commonwealth of the Northern Mariana Islands; (iii) the United States Virgin Islands; and (iv) Guam. (2) Fiscal years 2022 through 2026 (A) Buy American oversight For each of fiscal years 2022 through 2026, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of not less than 0.1 percent for Buy American oversight. (B) Initial allotments to States For each of fiscal years 2022 through 2026, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment to each State in an amount that is not less than the amount received by the State under this section in fiscal year 2021. (C) Additional allotments to States Notwithstanding any other provision of this section, for each of fiscal years 2022 through 2026, of the amounts made available to carry out this section for a fiscal year that remain available after application of subparagraph (B), the Administrator shall provide an additional allotment to each State in an amount that is based on the proportion that, as determined using the most recently published annual estimate of the Bureau of the Census— (i) the population of the State; bears to (ii) the total population of all States. (D) Allotments to Indian tribes For each of fiscal years 2022 through 2026, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 2 percent to Indian tribes. (E) Allotments to United States territories For each of fiscal years 2022 through 2026, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 1.5 percent to United States territories. (3) Subsequent fiscal years (A) In general For fiscal year 2027 and each fiscal year thereafter, in allotting amounts made available to carry out this section for a fiscal year, the Administrator shall use an updated allotment formula consistent with subparagraph (B). (B) Formula (i) Development The Administrator shall, by regulation, develop a formula— (I) for the calculation of allotments of amounts made available to carry out this section for a fiscal year to States in accordance with clause (ii); and (II) that includes allotments of amounts made available to carry out this section for a fiscal year— (aa) to provide to Indian tribes in accordance with clause (iii); (bb) to provide to United States territories in accordance with clause (iv); and (cc) for Buy American oversight in accordance with clause (v). (ii) Allotments for States In developing the formula required under subparagraph (A) for the allotments described in clause (i)(I), the Administrator shall— (I) base the formula on the needs of the States, as identified in the most recently available clean watersheds needs survey; and (II) ensure that each State receives not less than 1 percent of the amounts made available to carry out this section for a fiscal year. (iii) Allotments for Indian tribes In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(aa), the Administrator shall provide 2 percent of the amounts made available to carry out this section for a fiscal year to Indian tribes. (iv) Allotments for United States territories In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(bb), the Administrator shall provide 1.5 percent of the amounts made available to carry out this section for a fiscal year to United States territories. (v) Buy American oversight In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(cc), the Administrator shall ensure that 0.1 percent of the amounts made available to carry out this section for a fiscal year are used for Buy American oversight. (C) Timeline (i) Initial formula The Administrator shall develop the initial formula required under subparagraph (A) by not later than September 30, 2026, to ensure that the formula is in effect for fiscal year 2027. (ii) Updates required After developing the formula required under subparagraph (A) by the date described in clause (i), the Administrator shall update that formula by not later than the date that is 1 year after the date on which the Administrator submits a new clean watersheds needs survey to Congress. (4) Savings provision To the extent practicable, the Administrator shall continue developing the allotment formula under paragraph (2) until the date on which the Administrator submits to Congress a new clean watersheds needs survey for purposes of the formula required under paragraph (3)(A). . 3. Clean watersheds needs survey Section 516(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1375(b) ) is amended— (1) by striking paragraph (2); (2) in paragraph (1)— (A) in the third sentence, by striking Whenever the Administrator, and inserting the following: (3) Submission to Congress Whenever the Administrator, ; and (B) in the second sentence, by striking The Administrator shall and inserting the following: (2) Deadline The Administrator shall ; (3) by striking the subsection designation and all that follows through The Administrator, in paragraph (1) and inserting the following: (b) Estimates; studies; analyses (1) In general The Administrator, ; and (4) in paragraph (1) (as so amended)— (A) by striking ; and (D) a comprehensive and inserting the following: ; and (D) a comprehensive ; (B) by striking (C) a comprehensive and inserting the following: (C) a comprehensive ; (C) by striking (B) a detailed estimate and all that follows through in each of the States; and inserting the following: (B) a detailed estimate, biennially revised, of the cost of construction of all planned publicly owned treatment works in each State, and all needed publicly owned treatment works in each State, which shall include a detailed estimate of— (i) the cost of construction for rehabilitating or upgrading all existing publicly owned treatment works (excluding any pipe or other device or system for the conveyance of wastewater) every 20 years, including the cost of implementing measures necessary to address the resilience and sustainability of publicly owned treatment works to manmade or natural disasters; and (ii) the cost of construction for replacing 10 percent of existing publicly owned pipes and other devices and systems for the conveyance of wastewater to publicly owned treatment works over the 20-year period following the date of the estimate; ; and (D) by striking shall make (A) a detailed estimate and inserting the following: shall make— (A) a detailed estimate . 4. Additional eligible use of allotted funds Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 ) is amended by adding at the end the following: (k) Additional eligible use of allotted funds Notwithstanding any other provision of this section, each fiscal year, a State may reserve up to 0.5 percent of the amounts allotted to the State under this title and section 205(m) for that fiscal year to carry out activities necessary to create the detailed estimate under section 516(b)(1)(B). .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3031is/xml/BILLS-117s3031is.xml
|
117-s-3032
|
II 117th CONGRESS 1st Session S. 3032 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require certain manufactured goods introduced for sale in the United States to have a domestic value content of more than 50 percent, and for other purposes.
1. Short title This Act may be cited as the Make in America to Sell in America Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) Excessive globalization has been a disaster for United States workers in the manufacturing sector. (2) The erosion of the domestic industrial base of the United States is the result of the lack of adequate protection for both domestic industry and United States workers from import competition. (3) Since 2001, approximately 60,000 factories have shuttered in the United States. (4) The COVID–19 pandemic revealed the degree to which the United States is dependent on the People’s Republic of China for certain critical manufactured goods. (5) The United States currently mandates domestic sourcing by requiring certain government agencies to purchase only goods that are produced in whole or in part in the United States. (b) Sense of Congress It is the sense of Congress that a targeted regime of local content requirements across manufactured goods sold in the United States should be deployed to boost domestic industry, repatriate supply chains, and nurture infant industries. 3. Definitions In this Act: (1) Commission The term Commission means the United States International Trade Commission. (2) Covered good The term covered good means a good identified by the Secretary of Commerce in the report required by section 4. (3) Introduce for sale The term introduce for sale , with respect to a good, means to import the good into the United States or produce the good for consumption in the United States. 4. Identification of critical goods (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of Defense, shall submit to Congress and make available to the public a report that identifies finished goods and intermediate goods the domestic production of which is critical for the protection of the industrial base in the United States or for the national security of the United States. (b) Considerations In considering whether the production of a good is critical for the protection of the industrial base or for the national security of the United States, the Secretary of Commerce may consider— (1) the relative lack of the domestic production of the good compared to domestic demand for the good; (2) the extent to which the global supply chain of the good is vulnerable; and (3) the employment effects of restoring or establishing production of the good in the United States. 5. Minimum domestic content requirement (a) In general Except as provided in subsection (c) or (d), a covered good may not be introduced for sale in the United States unless the domestic value content of the good is more than 50 percent. (b) Domestic value content (1) Calculation The domestic value content of a covered good may be calculated on the basis of the following transaction value method: TV−VNM DVC = ————— × 100 TV (2) Definitions In this subsection: (A) DVC The term DVC means the domestic value content of the good, expressed as a percentage. (B) Originating good; originating material (i) In general The terms originating good and originating material mean a good or material, as the case may be— (I) wholly obtained or produced entirely in the United States; or (II) substantially transformed in the United States from a good or material that is not wholly the growth, product, or manufacture of the United States. (ii) Remanufactured goods For purposes of determining whether a remanufactured good is an originating good, a recovered material derived in the United States shall be treated as an originating material if the material is used or consumed in the production of, and incorporation into, the manufactured good. (C) Nonoriginating good; nonoriginating material The terms nonoriginating good and nonoriginating material mean a good or material, as the case may be, that does not qualify as originating under subparagraph (B). (D) TV The term TV means the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good. (E) VNM The term VNM means the value of nonoriginating goods or nonoriginating materials used by the producer in the production of the good. (3) Value of nonoriginating materials For purposes of calculating the domestic value content of a good under this subsection, the value of nonoriginating materials used by the producer in the production of the good shall not include the value of nonoriginating materials used or consumed to produce originating materials that are subsequently used or consumed in the production of the good. (c) Exceptions The prohibition under subsection (a) does not apply with respect to— (1) used goods; or (2) goods introduced for sale in the United States by any person with annual revenue of less than $5,000,000. (d) Waiver (1) In general The President may waive the application of subsection (a) with respect to a covered good if the President— (A) determines that— (i) the covered good is not available for sale in the United States in a manner that meets the minimum domestic content requirement under subsection (a); (ii) the development of domestic production of the covered good to meet the consumptive demand of the United States is substantially time-intensive or capital-intensive compared with other covered goods; or (iii) a delay in the application of the requirement under subsection (a) is critical for the national security of the United States; and (B) submits to Congress and makes available to the public a report on the reasons for the waiver. (2) Effective period A waiver issued under paragraph (1) with respect to a covered good terminates on the date that is 3 years after the date on which the President submits the report required by paragraph (1)(B) with respect to the waiver. (3) Prohibition on renewal A waiver issued under paragraph (1) may not be renewed. (4) Briefings required Not less frequently than annually, the President shall brief the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the waivers issued under paragraph (1) and the determinations made under paragraph (1)(A) with respect to those waivers during the preceding year. (5) Public list Not less frequently than annually, the President shall make available to the public a list of all waivers issued under paragraph (1) during the preceding year. (e) Regulations The Secretary of Commerce, in consultation with the Commissioner of U.S. Customs and Border Protection, shall prescribe regulations and guidance to carry out this section, including with respect to the calculation and applicability of the minimum domestic content requirement under subsection (a). 6. Enforcement (a) In general (1) Penalties If the Secretary of Commerce determines that a person introduces for sale, or causes to be introduced for sale, a covered good in the United States in violation of section 4(a), that person shall be liable for a civil penalty not to exceed the greater of— (A) the amount that is twice the total transaction value of the good; or (B) $5,000,000. (2) Considerations In making a determination under paragraph (1) with respect to an alleged violation of section 4(a), the Secretary of Commerce shall consider the findings of the Commission pursuant to an investigation conducted under subsection (b) with respect to the alleged violation. (b) Investigations by Commission (1) Petitions The Commission may initiate an investigation into an alleged violation of section 4(a) with respect to a covered good upon the filing of a petition by a domestic producer of the covered good or the Secretary of Commerce. (2) Notification Upon receipt of a petition filed under paragraph (1), the Commission shall notify the person alleged to have violated section 4(a) of the petition and the allegations included in the petition. (3) Initiation of investigation Not later than 20 days after receiving a petition filed under paragraph (1), the Commission shall— (A) after examining, on the basis of sources readily available, the accuracy and adequacy of the allegations included in the petition, determine whether the petition— (i) alleges the elements necessary for the imposition of a penalty under subsection (a)(1); and (ii) contains information reasonably available to the petitioner supporting the allegations; (B) determine whether the covered good that is the subject of the petition is covered by a waiver issued under section 4(c); and (C) if the determination under subparagraph (A) is affirmative and the determination under subparagraph (B) is negative, initiate an investigation. (4) Findings (A) In general Not later than 60 days after initiating an investigation under paragraph (3)(C), and after soliciting public comments, soliciting evidence from the parties, and examining other relevant sources, the Commission shall make a finding with respect to whether, based on a preponderance of evidence, the person that is the subject of the investigation has violated section 4(a). (B) Notifications If the finding of the Commission under subparagraph (A) is affirmative, the Commission shall— (i) notify all parties to the investigation of the finding; and (ii) make available to the public the facts and conclusions upon which the finding was based. (5) Withdrawal of petitions The Commission may terminate an investigation initiated under paragraph (3), after notice to all parties to the investigation, if the petition filed under paragraph (1) is withdrawn by the petitioner. (6) Staff The Commission may hire sufficient staff to carry out investigations under this subsection. (7) Regulations The Commission may prescribe regulations and guidance as necessary to carry out this subsection. 7. Applicability The provisions of this Act apply with respect to goods introduced for sale in the United States on and after the date that is 3 years after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3032is/xml/BILLS-117s3032is.xml
|
117-s-3033
|
II 117th CONGRESS 1st Session S. 3033 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Warnock (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the John R. Lewis Post Office Building .
1. John R. Lewis Post Office Building (a) Designation The facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, shall be known and designated as the John R. Lewis Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the John R. Lewis Post Office Building .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3033is/xml/BILLS-117s3033is.xml
|
117-s-3034
|
II 117th CONGRESS 1st Session S. 3034 IN THE SENATE OF THE UNITED STATES October 20, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF THE INTERIOR Bureau of land management MANAGEMENT OF LANDS AND RESOURCES For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 ( 16 U.S.C. 3150(a) ), $1,400,876,000, to remain available until September 30, 2023; of which $78,724,000 for annual and deferred maintenance and $151,589,000 for the wild horse and burro program, as authorized by Public Law 92–195 ( 16 U.S.C. 1331 et seq. ), shall remain available until expended: Provided , That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations. In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2022, so as to result in a final appropriation estimated at not more than $1,400,876,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $128,471,000, to remain available until expended: Provided , That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 ( 43 U.S.C. 2605 ). RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act ( 43 U.S.C. 315b , 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided , That not to exceed $600,000 shall be available for administrative expenses. SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 ( 43 U.S.C. 1701 et seq. ), and under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), to remain available until expended: Provided , That notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 ( 43 U.S.C. 1735(a) ), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act ( 43 U.S.C. 1735(c) ), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further , That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 ( 43 U.S.C. 1737 ), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act ( 43 U.S.C. 1721(b) ), to remain available until expended. ADMINISTRATIVE PROVISIONS The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided , That notwithstanding Public Law 90–620 ( 44 U.S.C. 501 ), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further , That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. United States fish and wildlife service RESOURCE MANAGEMENT For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,623,907,000, to remain available until September 30, 2023: Provided , That not to exceed $25,279,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further , That of the amount appropriated under this heading, $6,813,000, to remain available until September 30, 2024, shall be for projects specified for Stewardship Priorities in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act. CONSTRUCTION For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,620,000, to remain available until expended. COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ), $23,702,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of October 17, 1978 ( 16 U.S.C. 715s ), $13,228,000. NORTH AMERICAN WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. ), $50,000,000, to remain available until expended. NEOTROPICAL MIGRATORY BIRD CONSERVATION For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. ), $6,000,000, to remain available until expended. MULTINATIONAL SPECIES CONSERVATION FUND For expenses necessary to carry out the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. ), the Asian Elephant Conservation Act of 1997 ( 16 U.S.C. 4261 et seq. ), the Rhinoceros and Tiger Conservation Act of 1994 ( 16 U.S.C. 5301 et seq. ), the Great Ape Conservation Act of 2000 ( 16 U.S.C. 6301 et seq. ), and the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6601 et seq. ), $20,500,000, to remain available until expended. STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $80,362,000, to remain available until expended: Provided , That of the amount provided herein, $8,000,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further , That $9,112,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further , That the Secretary shall, after deducting $17,112,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further , That the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further , That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further , That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further , That any amount apportioned in 2022 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2023, shall be reapportioned, together with funds appropriated in 2024, in the manner provided herein. ADMINISTRATIVE PROVISIONS The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided , That notwithstanding 44 U.S.C. 501 , the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further , That the Service may accept donated aircraft as replacements for existing aircraft: Provided further , That the Secretary may recover costs for response, assessment, and damages to National Wildlife Refuge System resources from the actions of private parties, or for costs as otherwise provided by Federal, State, or local law, regulation, or court order as a result of the destruction, loss of, or injury to any living or non-living National Wildlife Refuge System resource: Provided further , That the damages described in the preceding proviso shall include the following: compensation for the cost of replacing, restoring or acquiring the equivalent of the damaged National Wildlife Refuge System resource; and either the value of any significant loss of use of a National Wildlife Refuge System resource pending its restoration, replacement or acquisition of an equivalent resource or the value of the National Wildlife Refuge System resource in the event the resource cannot be replaced, restored or an equivalent acquired: Provided further , That any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment or mechanism that destroys, causes the loss of, or injures any living or non-living National Wildlife Refuge System resource or which causes the Secretary to undertake actions to prevent, minimize, or abate destruction, loss of, injury, or risk to such resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, injury, or risk to the same extent as a person is liable: Provided further , That in addition to any other authority to accept donations, the Secretary may accept donations of money or services to meet expected, immediate, or ongoing response costs and damages; response and assessment costs and damages recovered by the Secretary and donations received under this provision shall be available to the Secretary, without further appropriation, and shall remain available until expended, for damage assessments conducted, or for restoration and replacement of National Wildlife Refuge System resources, and shall be managed under the Natural Resource Damage Assessment and Restoration Fund as per 43 U.S.C. 1474b–1: Provided further , That notwithstanding 31 U.S.C. 3302 , all fees collected for non-toxic shot review and approval shall be deposited under the heading United States Fish and Wildlife Service—Resource Management and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended. National park service OPERATION OF THE NATIONAL PARK SYSTEM For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,930,065,000, of which $11,452,000 for planning and interagency coordination in support of Everglades restoration and $135,980,000 for maintenance, repair, or rehabilitation projects for constructed assets and $188,184,000 for cyclic maintenance projects for constructed assets and cultural resources and $5,000,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2023: Provided , That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95–348 : Provided further , That notwithstanding section 9 of the 400 Years of African-American History Commission Act (36 U.S.C. note prec. 101; Public Law 115–102 ), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further , That sections (7)(b) and (8) of that Act shall be amended by striking July 1, 2022 and inserting July 1, 2023 . In addition, for purposes described in section 2404 of Public Law 116–9 , an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $85,160,000, to remain available until September 30, 2023, of which $3,500,000 shall be for projects specified for Statutory and Contractual Aid in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act. HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $180,072,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2023, of which $26,000,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 3089 ): Provided , That an individual Save America's Treasures grant shall be matched by non-Federal funds: Provided further , That individual projects shall only be eligible for one grant: Provided further , That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations: Provided further , That of the funds provided for the Historic Preservation Fund, $1,000,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $26,625,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement; $10,000,000 is for grants to Historically Black Colleges and Universities; $10,000,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) ( 54 U.S.C. 302904 ) of the National Historical Preservation Act; $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving state-owned sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; and $15,772,000 is for projects specified for the Historic Preservation Fund in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act: Provided further , That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code to States and Indian tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. CONSTRUCTION For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas administered by the National Park Service, $253,113,000, to remain available until expended: Provided , That notwithstanding any other provision of law, for any project initially funded in fiscal year 2022 with a future phase indicated in the National Park Service 5-Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further , That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232–18: Provided further , That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further , That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized by the preceding proviso. CENTENNIAL CHALLENGE For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided , That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203 . Transfers may include a reasonable amount for FHWA administrative support costs. United States geological survey SURVEYS, INVESTIGATIONS, AND RESEARCH For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31 , 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program ( 30 U.S.C. 641 ); conduct inquiries into the economic conditions affecting mining and materials processing industries ( 30 U.S.C. 3 , 21a, and 1603; 50 U.S.C. 98g(a)(1) ) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,493,839,000, to remain available until September 30, 2023; of which $84,788,000 shall remain available until expended for satellite operations; and of which $74,664,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided , That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further , That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further , That of the amount appropriated under this heading, $1,000,000 shall be for projects specified for Status and Trends in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act. ADMINISTRATIVE PROVISIONS From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided , That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further , That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101 , for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau of ocean energy management OCEAN ENERGY MANAGEMENT For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $227,781,000, of which $184,781,000 is to remain available until September 30, 2023, and of which $43,000,000 is to remain available until expended: Provided , That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further , That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2022 appropriation estimated at not more than $184,781,000: Provided further , That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities. Bureau of safety and environmental enforcement OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $200,573,000, of which $149,573,000 is to remain available until September 30, 2023, and of which $51,000,000 is to remain available until expended, including $30,000,000 for offshore decommissioning activities: Provided , That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further , That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2022 appropriation estimated at not more than $179,573,000. For an additional amount, $37,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2022, as provided in this Act: Provided , That to the extent that amounts realized from such inspection fees exceed $37,000,000, the amounts realized in excess of $37,000,000 shall be credited to this appropriation and remain available until expended: Provided further , That for fiscal year 2022, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), including the review of applications for permits to drill. OIL SPILL RESEARCH For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of surface mining reclamation and enforcement REGULATION AND TECHNOLOGY For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $119,257,000, to remain available until September 30, 2023, of which $65,000,000 shall be available for state and tribal regulatory grants: Provided , That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 ( 30 U.S.C. 1257 ), $40,000, to remain available until expended: Provided , That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2022 appropriation estimated at not more than $119,257,000. ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $27,765,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided , That pursuant to Public Law 97–365 , the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further , That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further , That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further , That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, $115,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act: Provided , That such additional amount shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) ): Provided further , That of such additional amount, $75,000,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $30,000,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $10,000,000 shall be for grants to federally recognized Indian Tribes without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) ), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further , That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act. Indian affairs Bureau of indian affairs OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 ) and the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 5301 et seq. ), $1,875,716,000, to remain available until September 30, 2023, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $77,994,000 shall be for welfare assistance payments: Provided , That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further , That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further , That not to exceed $57,323,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settlement Program: Provided further , That of the amount appropriated under this heading, $1,250,000 shall be for projects specified for Special Initiatives in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act: Provided further , That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2023, may be transferred during fiscal year 2024 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder’s trust fund account: Provided further , That any such unobligated balances not so transferred shall expire on September 30, 2024: Provided further , That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel: Provided further , That the Bureau of Indian Affairs may accept transfers of funds from United States Customs and Border Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1) : Provided further , That section 5 of the Indian Reorganization Act of June 18, 1934 ( 25 U.S.C. 5108 ) shall be applied by substituting $10,000,000 for $2,000,000 . Indian land consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ), and the American Indian Probate Reform Act of 2004 ( Public Law 108–374 ), $75,000,000, to remain available until expended: Provided , That any provisions of the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ) that requires or otherwise relates to application of a lien shall not apply to the acquisition funded herein. CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided , That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. PAYMENTS FOR TRIBAL LEASES For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided , That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483 ; $177,842,000, to remain available until expended: Provided , That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further , That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 ( 25 U.S.C. 13 ), shall be made available on a nonreimbursable basis: Provided further , That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further , That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act ( Public Law 114–322 ; 130 Stat. 1749). INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 114–322, and 116-260 and for implementation of other land and water rights settlements, $75,844,000, to remain available until expended, of which up to $25,000,000 shall be available for deposit into the Selis-Qlispe Ksanka Settlement Trust Fund established by Public Law 116–260 . INDIAN GUARANTEED LOAN PROGRAM ACCOUNT For the cost of guaranteed loans and insured loans, $11,833,000, to remain available until September 30, 2023, of which $1,629,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $103,456,940. Bureau of indian education OPERATION OF INDIAN EDUCATION PROGRAMS For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 ), the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 5301 et seq. ), the Education Amendments of 1978 ( 25 U.S.C. 2001–2019 ), and the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ), $1,070,535,000, to remain available until September 30, 2023, except as otherwise provided herein: Provided , That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further , That not to exceed $789,983,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2022, and shall remain available until September 30, 2023: Provided further , That notwithstanding any other provision of law, including but not limited to the Indian Self–Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ) and section 1128 of the Education Amendments of 1978 ( 25 U.S.C. 2008 ), not to exceed $92,285,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2022: Provided further , That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. EDUCATION CONSTRUCTION For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $264,330,000 to remain available until expended: Provided , That in order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100–297 ( 25 U.S.C. 2501 , et seq.) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. ADMINISTRATIVE PROVISIONS The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87–279 ( 25 U.S.C. 15 ), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 ( Public Law 103–413 ). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq. , shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113 , if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301 , the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided , That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not owned by the Bureau: Provided further , That the term satellite school means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian Tribe. Office of the special trustee for American indians FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER OF FUNDS) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $110,672,000, to remain available until expended, of which not to exceed $17,536,000 from this or any other Act, may be available for historical accounting: Provided , That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, Operation of Indian Programs and Bureau of Indian Education, Operation of Indian Education Programs accounts; the Office of the Solicitor, Salaries and Expenses account; and the Office of the Secretary, Departmental Operations account: Provided further , That funds made available through contracts or grants obligated during fiscal year 2022, as authorized by the Indian Self-Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ), shall remain available until expended by the contractor or grantee: Provided further , That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further , That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further , That not to exceed $100,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further , That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further , That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claimant: Provided further , That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 ( Public Law 103–412 ) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further , That with respect to the eighth proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Departmental offices Office of the Secretary DEPARTMENTAL OPERATIONS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $190,087,000, to remain available until September 30, 2023; of which $58,200,000, to remain available until expended, shall be for acquisitions of zero emission vehicles and related expenses, including charging infrastructure, and may be transferred to any other account in the Department; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $13,591,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided , That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs Operation of Indian Programs and Bureau of Indian Education Operation of Indian Education Programs accounts and the Office of the Special Trustee Federal Trust Programs account: Provided further , That funds made available through contracts or grants obligated during fiscal year 2022, as authorized by the Indian Self-Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ), shall remain available until expended by the contractor or grantee. ADMINISTRATIVE PROVISIONS For fiscal year 2022, up to $400,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided , That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further , That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further , That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further , That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular affairs ASSISTANCE TO TERRITORIES For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188 , $113,977,000, of which: (1) $104,140,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative and natural resources activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law ( 48 U.S.C. 1661(c) ); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands, as authorized by law ( Public Law 94–241 ; 90 Stat. 272); and (2) $9,837,000 shall be available until September 30, 2023, for salaries and expenses of the Office of Insular Affairs: Provided , That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further , That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134 : Provided further , That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non–Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ). COMPACT OF FREE ASSOCIATION For grants and necessary expenses, $8,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 and Public Law 108–188 : Provided , That of the funds appropriated under this heading, $5,000,000 is for deposit into the Compact Trust Fund of the Republic of the Marshall Islands as compensation authorized by Public Law 108–188 for adverse financial and economic impacts. Administrative provisions (INCLUDING TRANSFER OF FUNDS) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134 , that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further , That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office of the solicitor SALARIES AND EXPENSES For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General, $66,382,000, to remain available until September 30, 2023. Department-Wide programs WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,125,441,000, to remain available until expended, of which not to exceed $18,427,000 shall be for the renovation or construction of fire facilities: Provided , That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further , That of the funds provided $304,344,000 is for fuels management activities: Provided further , That of the funds provided $40,470,000 is for burned area rehabilitation: Provided further , That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further , That notwithstanding 42 U.S.C. 1856d , sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq. , protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further , That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further , That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps ( Public Law 109–154 ), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further , That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further , That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further , That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further , That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further , That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further , That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations: Provided further , That of the funds provided under this heading $383,657,000 is provided to meet the terms of section 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of the Interior—Department-Wide Programs—Wildland Fire Management for wildfire suppression operations, $330,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14 (117th Congress), the concurrent budget for fiscal year 2022: Provided , That such amounts may be transferred to and merged with amounts made available under the headings Department of Agriculture—Forest Service—Wildland Fire Management and Department of the Interior—Department-Wide Programs—Wildland Fire Management for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further , That amounts may be transferred to the Wildland Fire Management accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further , That, in determining whether all wildfire suppression operations funds appropriated under the heading Wildland Fire Management in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the previous proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. CENTRAL HAZARDOUS MATERIALS FUND For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), $10,036,000, to remain available until expended. ENERGY COMMUNITY REVITALIZATION PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of the Interior and any of its component offices and bureaus to inventory, assess, decommission, reclaim, respond to hazardous substance releases, and remediate abandoned hard rock mines, orphaned oil and gas wells, and orphaned infrastructure, including, but not limited to, facilities, pipelines, structures or equipment used in energy production operations, $65,000,000, to remain available until expended: Provided , That such amount shall be in addition to amounts otherwise available for such purposes: Provided further , That amounts appropriated under this heading are available for grants and cooperative agreements to States to inventory, assess, decommission, reclaim, and remediate abandoned hard rock mines, orphaned oil and gas wells, and associated infrastructure on State and private lands: Provided further , That amounts appropriated under this heading are available for grants or cooperative agreements to tribes to inventory, assess, decommission, reclaim, and remediate abandoned hard rock mines, orphaned oil and gas wells, and their associated infrastructure on tribal lands, including grants management capacity within tribes: Provided further , That amounts appropriated under this heading are available for program management and oversight of these activities: Provided further , That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants or cooperative agreements: Provided further , That the Secretary may implement the grant and cooperative agreement programs authorized herein on a formula or competitive basis: Provided further , That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed. Natural resource damage assessment and restoration NATURAL RESOURCE DAMAGE ASSESSMENT FUND To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 et seq. ), and 54 U.S.C. 100721 et seq. , $7,933,000, to remain available until expended. WORKING CAPITAL FUND For the operation and maintenance of a departmental financial and business management system, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $91,436,000, to remain available until expended: Provided , That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the Secretary of the Interior may assess reasonable charges to State, local, and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93–638 : Provided further , That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further , That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further , That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. ADMINISTRATIVE PROVISION There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided , That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. OFFICE OF NATURAL RESOURCES REVENUE For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $169,640,000, to remain available until September 30, 2023; of which $68,151,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided , That notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary of the Interior concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. General provisions, department of the interior (INCLUDING TRANSFERS OF FUNDS) EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided , That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further , That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 ( 7 U.S.C. 7717(b) ); for emergency reclamation projects under section 410 of Public Law 95–87 ; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided , That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further , That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for wildland fire suppression shall be exhausted within 30 days: Provided further , That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further , That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. AUTHORIZED USE OF FUNDS 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2022. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ELLIS, GOVERNORS, AND LIBERTY ISLANDS 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. OUTER CONTINENTAL SHELF INSPECTION FEES 107. (a) In fiscal year 2022, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c) . (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2022 shall be— (1) $11,725 for facilities with no wells, but with processing equipment or gathering lines; (2) $18,984 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $35,176 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2022. Fees for fiscal year 2022 shall be— (1) $34,059 per inspection for rigs operating in water depths of 500 feet or more; and (2) $18,649 per inspection for rigs operating in water depths of less than 500 feet. (d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2022. Fees for fiscal year 2022 shall be— (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter. CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING FACILITIES 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. MASS MARKING OF SALMONIDS 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS 110. Notwithstanding any other provision of law, during fiscal year 2022, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. SEPARATION OF ACCOUNTS 112. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. PAYMENTS IN LIEU OF TAXES (PILT) 113. Section 6906 of title 31, United States Code, shall be applied by substituting fiscal year 2022 for fiscal year 2019 . DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL 114. (a) Subject to subsection (b), beginning no later than 180 days after the enactment of this Act, in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103, 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. INTERAGENCY MOTOR POOL 115. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act. DELAWARE WATER GAP AUTHORITY 116. Section 4(b) of The Delaware Water Gap National Recreation Area Improvement Act, as amended by section 1 of Public Law 115–101 , shall be applied by substituting 2022 for 2021 . EXTENSION OF AUTHORITIES 117. (a) Section 126 of Public Law 98–398 , as amended (98 Stat. 1456; 120 Stat. 1853), is further amended by striking the date that is 15 years after the date of enactment of this section and inserting 2023 . (b) Section 10 of Public Law 99–647 , as amended (100 Stat. 3630; 104 Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), is further amended by striking 2021 and inserting 2023 . (c) Section 12 of Public Law 100–692 , as amended (102 Stat. 4558; 112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), is further amended— (1) in subsection (c)(1), by striking 2021 and inserting 2023 ; and (2) in subsection (d), by striking 2021 and inserting 2023 . (d) Section 106(b) of Public Law 103–449 , as amended (108 Stat. 4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802), is further amended by striking 2021 and inserting 2023 . (e) Division II of Public Law 104–333 ( 54 U.S.C. 320101 note), as amended, is further amended by striking 2021 each place it appears in the following sections and inserting 2023 — (1) in section 107 (110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (2) in section 408 (110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (3) in section 507 (110 Stat. 4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (4) in section 707 (110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (5) in section 809 (110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (6) in section 910 (110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (7) in section 310 (110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778); (8) in section 607 (110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778-779); and (9) in section 208 (110 Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat .778). (f) Section 109 of Public Law 105–355 , as amended (112 Stat. 3252; 128 Stat. 3802), is further amended by striking 2021 and inserting 2023 . (g) Public Law 106–278 ( 54 U.S.C. 320101 note), as amended, is further amended— (1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) by striking 2021 and inserting 2023 . (2) in section 209 (114 Stat. 824; 128 Stat. 3802) by striking 2021 and inserting 2023 . (h) Section 157(i) of Public Law 106–291 , as amended (114 Stat. 967; 128 Stat. 3082), is further amended by striking 2021 and inserting 2023 . (i) Section 7 of Public Law 106–319 , as amended (114 Stat. 1284; 128 Stat. 3082), is further amended by striking 2021 and inserting 2023 . (j) Section 811 of title VIII of appendix D of Public Law 106–554 , as amended (114 Stat. 2763, 2763A–295; 128 Stat. 3802), is further amended by striking 2021 and inserting 2023 . (k) Section 140(j) of Public Law 108–108 , as amended (117 Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), is further amended by striking 2021 and inserting 2023 . (l) Title II of Public Law 109–338 ( 54 U.S.C. 320101 note; 120 Stat. 1787–1845), as amended, is further amended— (1) in each of sections 208, 221, 240, 260, 269, 289, 291J, 295L and 297H by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2023 ; and (2) in section 280B by striking the day occurring 15 years after the date of the enactment of this subtitle and inserting September 30, 2023 . (m) Section 810(a)(1) of title VIII of division B of appendix D of Public Law 106–554 , as amended (114 Stat. 2763; 123 Stat. 1295; 131 Stat. 461; 133 Stat. 2714), is further amended by striking $14,000,000 and inserting $16,000,000 . (n) Section 125(a) of title IV of Public Law 109–338 (120 Stat. 1853) is amended by striking $10,000,000 and inserting $12,000,000 . (o) Section 210(a) of title II of Public Law 106–278 (114 Stat. 824) is amended by striking $10,000,000 and inserting $12,000,000 . (p) Section 804(j) of division B of H.R. 5666 (Appendix D) as enacted into law by section 1(a)(4) of Public Law 106–554 , as amended ( 54 U.S.C. 320101 note; 114 Stat. 2763, 2763A–295; 123 Stat. 1294; 128 Stat. 3802; 131 Stat. 461; 133 Stat. 2714), is further amended by striking September 30, 2021 and inserting September 30, 2037 . (q) Section 295D(d) of Public Law 109–338 , as amended ( 54 U.S.C. 320101 note; 120 Stat. 1833; 130 Stat. 962), is further amended by striking 15 years after the date of enactment of this Act and inserting on September 30, 2037 . STUDY FOR SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL 118. (a) Study The Secretary of the Interior (Secretary) shall conduct a study to evaluate— (1) resources associated with the 1965 Voting Rights March from Selma to Montgomery not currently part of the Selma to Montgomery National Historic Trail (Trail) ( 16 U.S.C. 1244(a)(20) ) that would be appropriate for addition to the Trail; and (2) the potential designation of the Trail as a unit of the National Park System instead of, or in addition to, remaining a designated part of the National Trails System. (b) Report Not later than one year after the date of enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study and the conclusions and recommendations of the study. (c) Land acquisition The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, Selma to Montgomery NHT Proposed Addition, numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. DECOMMISSIONING ACCOUNT 119. The fifth and sixth provisos under the amended heading Royalty and Offshore Minerals Management for the Minerals Management Service in Public Law 101–512 (104 Stat. 1926, as amended) ( 43 U.S.C. 1338a ) are further amended by striking and replacing them with: Provided further , That notwithstanding section 3302 of title 31, any moneys hereafter received as a result of the forfeiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of-way holder that does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary, or as a bankruptcy distribution or settlement associated with such failure or noncompliance, shall be credited to a separate account established in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further appropriation or fiscal year limitation to cover the cost to the United States of any improvement, protection, rehabilitation, or decommissioning work rendered necessary by the action or inaction that led to the forfeiture or bankruptcy distribution or settlement, to remain available until expended: Provided further , That amounts deposited into the decommissioning account may be allocated to the Bureau of Safety and Environmental Enforcement for such costs: Provided further , That any moneys received for such costs currently held in the Ocean Energy Management account shall be transferred to the decommissioning account: Provided further , That any portion of the moneys so credited shall be returned to the bankruptcy estate, permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed. . BORDER MITIGATION 120. The Secretary of the Interior is authorized to accept transfers of funds from the Secretary of Homeland Security for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands and to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1) . APPRAISER PAY AUTHORITY 121. For fiscal year 2022, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. II ENVIRONMENTAL PROTECTION AGENCY Science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; purchase, lease, operation, maintenance, and acquisition of unmanned aircraft; and other operating expenses in support of research and development, $803,174,000, to remain available until September 30, 2023: Provided, That of the funds included under this heading, $12,430,000 shall be for Research: National Priorities as specified in the explanatory statement accompanying this Act, of which $3,930,000 shall be for projects specified for Science and Technology in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act. Environmental programs and management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $3,238,374,000, to remain available until September 30, 2023: Provided , That of the funds included under this heading, $25,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement accompanying this Act: Provided further , That of the funds included under this heading, $596,544,000 shall be for Geographic Programs specified in the explanatory statement accompanying this Act. In addition, $9,000,000 to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2625(b)(1) ): Provided , That fees collected pursuant to that section of that Act and deposited in the TSCA Service Fee Fund as discretionary offsetting receipts in fiscal year 2022 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further , That the sum herein appropriated in this paragraph from the general fund for fiscal year 2022 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2022, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $0: Provided further , That to the extent that amounts realized from such receipts exceed $9,000,000, those amount in excess of $9,000,000 shall be deposited in the TSCA Service Fee Fund as discretionary offsetting receipts in fiscal year 2022, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further , That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $52,000,000, to remain available until September 30, 2023. Buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $62,752,000, to remain available until expended. Hazardous substance superfund (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) ( 42 U.S.C. 9611 ), and hire, maintenance, and operation of aircraft, $1,340,908,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2021, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,340,908,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided , That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further , That of the funds appropriated under this heading, $11,800,000 shall be paid to the Office of Inspector General appropriation to remain available until September 30, 2023, and $30,985,000 shall be paid to the Science and Technology appropriation to remain available until September 30, 2023. Leaking underground storage tank trust fund program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $92,376,000, to remain available until expended, of which $67,007,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided , That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland oil spill programs For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,409,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,848,948,000, to remain available until expended, of which— (1) $1,688,826,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,176,088,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided , That for fiscal year 2022, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further , That for fiscal year 2022, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further , That the Administrator is authorized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under Title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 ) to conduct the Clean Watersheds Needs Survey: Provided further , That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2022 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further , That for fiscal year 2022, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further , That for fiscal year 2022, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2022, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further , That for fiscal year 2022, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92–203 : Provided further , That for fiscal year 2022, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further , That for fiscal year 2022, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further , That for fiscal year 2022, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further , That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further , That notwithstanding section 1452(o) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(o) ), the Administrator shall reserve $12,000,000 of the amounts made available for fiscal year 2022 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act: Provided further , That notwithstanding any other provision of law, of the funds appropriated under this heading for capitalization grants for the State Revolving Funds, the Administrator may reserve up to $20,000,000 of the total amount appropriated for salaries, expenses, and administration for Water and Wastewater Infrastructure grants identified in section 421 of this Act; (2) $35,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided , That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $39,186,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 ) or the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq. ) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $126,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided , That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further , That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $142,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $59,000,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement accompanying this Act; (7) $38,930,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a ); (8) $35,000,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–24(d) ); (9) $72,000,000 shall be for grants under section 1459B of the Safe Drinking Water Act ( 42 U.S.C. 300j–19b ); (10) $9,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l)); (11) $20,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b)(8) ); (12) $56,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 ); (13) $5,000,000 shall be for grants under section 4304(b) of the America’s Water Infrastructure Act of 2018 ( Public Law 115–270 ); (14) $10,000,000 shall be for grants to States, federally recognized Tribes, public pre-schools, local educational agencies as defined in 20 U.S.C. 7801(30) , and non-profit organizations, for assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings including schools as defined in 20 U.S.C. 3610(6) , and related activities: Provided , That the Federal share of the costs of such activities shall not exceed 90 percent: Provided further , That the Administrator may waive such cost share requirement in the case of facilities located in economically distressed communities: Provided further , That no State may receive more than 25 percent of the grant funding made available under this paragraph during this fiscal year; (15) $100,000,000 shall be for competitive environmental justice implementation and training grants, except as may be specifically restricted below, for non-profit organizations, including non-profit institutions of higher education, Tribes, State and local governments, and any other eligible entities as determined by the Administrator under the following programs as appropriate: (A) Environmental Justice grants to reduce the disproportionate or adverse health impacts of environmental pollution that affect underserved communities or other affected communities; (B) Environmental Justice Community grants to local governments and nonprofit organizations to reduce the disproportionate or adverse health impacts of environmental pollution that affect underserved communities or other affected communities; (C) Environmental Justice grants to States to create or support state environmental justice programs; (D) Environmental Justice grants to Tribes or intertribal consortia to support tribal work to address the disproportionate or adverse human health impacts of environmental pollution in tribal and indigenous communities; (E) Community-based Participatory Research grants for institutions of higher education to develop partnerships with community-based organizations to improve the health or address health issues of residents and workers in communities affected by environmental pollution; and (F) Environmental Justice Training grants to nonprofit organizations or institutions of higher education for multi-media or single media activities to increase the capacity of residents of underserved communities to identify and address the disproportionate or adverse human health or environmental effects of environmental pollution affecting those communities; and (16) $1,236,918,000 shall be for grants, including associated program support costs, to States, federally recognized Tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134 , and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $46,195,000 shall be for carrying out section 128 of CERCLA; $9,523,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,505,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading Leaking Underground Storage Tank Trust Fund Program to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,000,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs; $5,000,000 shall be for multipurpose grants, including interagency agreements, in accordance with the terms and conditions described in the explanatory statement accompanying this Act; $10,000,000 of the funds available for grants for hazardous waste financial assistance shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act ( 33 U.S.C. 4283(a) ), including up to 2 percent of this amount for the Environmental Protection Agency’s administrative costs: Provided , That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92–203 . Water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $72,108,000, to remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $12,500,000,000: Provided further , That of the funds made available under this heading, $5,000,000 shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section 5033(e) of such Act: Provided further , That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading Water Infrastructure Finance and Innovation Program Account in division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided further , That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further , That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $8,000,000, to remain available until September 30, 2023. Administrative provisions—environmental protection agency (INCLUDING TRANSFERS OF FUNDS) For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8 ). Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 U.S.C. 136w–8(d)(2) ), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA ( 7 U.S.C. 136w–8 ) for fiscal year 2022. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act ( 42 U.S.C. 6939g ) for fiscal year 2022, to remain available until expended. The Administrator is authorized to transfer up to $350,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading Environmental Programs and Management to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $150,000 per project. For fiscal year 2022, and notwithstanding section 518(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(f) ), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading Environmental Programs and Management for fiscal year 2022 to provide grants to implement the Southeastern New England Watershed Restoration Program. Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,000,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9622(b)(3) ), shall be applied by inserting before the period: , including for the hire, maintenance, and operation of aircraft. . The Environmental Protection Agency Working Capital Fund, established by Public Law 104–204 ( 42 U.S.C. 4370e ), is available for expenses and equipment necessary for modernization and development of information technology of, or for use by, the Environmental Protection Agency. For fiscal years 2022 through 2026, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings Environmental Programs and Management and Science and Technology , contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5 , for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose: Provided , That amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the Office of Water collectively may not exceed $2,000,000. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209 . III RELATED AGENCIES DEPARTMENT OF AGRICULTURE OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided , That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest Service FOREST SERVICE OPERATIONS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $1,074,086,000, to remain available through September 30, 2025: Provided , That a portion of the funds made available under this heading shall be for the base salary and expenses of employees in the Chief’s Office, the Work Environment and Performance Office, the Business Operations Deputy Area, and the Chief Financial Officer’s Office to carry out administrative and general management support functions: Provided further , That funds provided under this heading shall be available for the costs of facility maintenance, repairs, and leases for buildings and sites where these administrative, general management and other Forest Service support functions take place; the costs of all utility and telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cyber security requirements: Provided further , That funds provided under this heading may be used for necessary expenses to carry out administrative and general management support functions of the Forest Service not otherwise provided for and necessary for its operation. FOREST AND RANGELAND RESEARCH For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided , That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further , That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, and conducting an international program and trade compliance activities as authorized, $344,221,000, to remain available through September 30, 2025, as authorized by law, of which $22,479,000 shall be for projects specified for Forest Resource Information and Analysis in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act. NATIONAL FOREST SYSTEM For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $2,214,000,000, to remain available through September 30, 2025: Provided , That of the funds provided, $80,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f) and shall be available without limitation on the number or location of proposals funded during any fiscal year under 16 U.S.C. 7303(d)(3) : Provided further , That of the funds provided, $42,000,000 shall be for forest products: Provided further , That of the funds provided, $360,000,000 shall be for hazardous fuels management activities, of which $20,000,000 shall be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further , That of the funds deposited in the Collaborative Forest Landscape Restoration Fund, $5,000,000 shall be used to make grants to local collaborative groups, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of increasing capacity to collaborate on matters relating to projects on National Forest System lands or projects on cooperative lands that would benefit the National Forest System: Provided further , That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further , That funds made available to implement the Community Forest Restoration Act, Public Law 106–393 , title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the State and Private Forestry appropriation: Provided further , That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act ( 7 U.S.C. 1012 ), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary: Provided further , That funds appropriated to this account shall be available for the base salary and expenses of employees that carry out the functions funded by the Capital Improvement and Maintenance account, the Range Betterment Fund account, and the Management of National Forest Lands for Subsistence Uses account. Capital Improvement and Maintenance (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $200,867,000, to remain available through September 30, 2025, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided , That $40,000,000 shall be designated for urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas where Forest Service roads may be contributing to water quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources: Provided further , That $10,867,000 shall be for projects specified for Construction Projects in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act: Provided further , That funds becoming available in fiscal year 2022 under the Act of March 4, 1913 ( 16 U.S.C. 501 ) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 ( 16 U.S.C. 484a ), to remain available through September 30, 2025, (16 U.S.C. 516–617a, 555a; Public Law 96–586 ; Public Law 76–589 , 76–591; and Public Law 78–310 ). RANGE BETTERMENT FUND For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579 , to remain available through September 30, 2025, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C. 1643(b) , $45,000, to remain available through September 30, 2025, to be derived from the fund established pursuant to the above Act. MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3111 et seq. ), $1,099,000, to remain available through September 30, 2025. WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,097,622,000, to remain available until expended: Provided , That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further , That any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the National Forest System account: Provided further , That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further , That funds provided shall be available for support to Federal emergency response: Provided further , That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further , That of the funds provided under this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of Agriculture—Forest Service—Wildland Fire Management for wildfire suppression operations, $2,120,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14 (117th Congress), the concurrent budget for fiscal year 2022: Provided , That such amounts may be transferred to and merged with amounts made available under the headings Department of the Interior—Department-Wide Programs—Wildland Fire Management and Department of Agriculture—Forest Service—Wildland Fire Management for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further , That amounts may be transferred to the Wildland Fire Management accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further , That, in determining whether all wildfire suppression operations funds appropriated under the heading Wildland Fire Management in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the previous proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. COMMUNICATIONS SITE ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided , That such amounts shall be transferred to the National Forest System account. ADMINISTRATIVE PROVISIONS—FOREST SERVICE (INCLUDING TRANSFERS OF FUNDS) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225 , and not to exceed $100,000 for employment under 5 U.S.C. 3109 ; (3) purchase, erection, and alteration of buildings and other public improvements ( 7 U.S.C. 2250 ); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a ; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 ( 16 U.S.C. 558a , 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902 ; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c) . Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided , That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further , That such transfer authority is in addition to any other transfer authority provided by law. Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading Wildland Fire Management will be obligated within 30 days: Provided , That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided , That such transferred funds shall remain available through September 30, 2025: Provided further , That none of the funds transferred pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S. government, private sector, and international organizations. The Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to provide technical assistance and training programs on forestry and rangeland management: Provided , That to maximize effectiveness of domestic and international research and cooperation, the International Program may utilize all authorities related to international forestry, research, and cooperative assistance regardless of program designations. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ), section 442 of Public Law 106–224 ( 7 U.S.C. 7772 ), or section 10417(b) of Public Law 107–171 ( 7 U.S.C. 8316(b) ). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including telecommunications and system modifications or enhancements, from the Working Capital Fund of the Department of Agriculture. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593 , of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided , That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further , That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one-for-one basis: Provided further , That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98–244 , up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided , That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further , That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663 . Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(c)(2) ). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Funds appropriated to the Forest Service may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to consult and conference, as required by section 7 of such Act. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service INDIAN HEALTH SERVICES For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $5,414,143,000 to remain available until September 30, 2023, except as otherwise provided herein; and, in addition, $5,414,143,000, which shall become available on October 1, 2022 and remain available through September 30, 2024, except as otherwise provided herein; together with payments received during each fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act ( 42 U.S.C. 238(b) and 238b), for services furnished by the Indian Health Service: Provided , That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 ), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further , That $2,500,000 shall be available for each of fiscal years 2022 and 2023 for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further , That of the total amount of funds provided, $2,351,656,000 shall remain available until expended for Purchased/Referred Care, of which $1,175,828,000 shall be from funds that become available on October 1, 2022: Provided further , That of the total amount specified in the preceding proviso for Purchased/Referred Care, $108,000,000 shall be for the Indian Catastrophic Health Emergency Fund of which $54,000,000 shall be from funds that become available on October 1, 2022: Provided further , That for each of fiscal years 2022 and 2023, up to $66,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further , That of the total amount of funds provided, $116,000,000, including $58,000,000 from funds that become available on October 1, 2022, shall be for costs related to or resulting from accreditation emergencies, including supplementing activities funded under the heading Indian Health Facilities, of which up to $4,000,000 for each of fiscal years 2022 and 2023 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further , That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act ( 25 U.S.C. 1616a–1 ) and shall remain available until expended and, notwithstanding section 108A(c) of that Act ( 25 U.S.C. 1616a–1(c) ), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further , That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, for improving collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer’s activities, for Village Built Clinics and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further , That funds provided in this Act that are available for two fiscal years may be used in their second year of availability for annual contracts that fall within 2 fiscal years, provided the total obligation is recorded in such second year of availability: Provided further , That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act ( 25 U.S.C. 1613 ) shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further , That funding contained herein for scholarship programs under the Indian Health Care Improvement Act ( 25 U.S.C. 1613 ) shall remain available until expended: Provided further , That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further , That the Bureau of Indian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93–638 , such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ): Provided further , That of the total amount of funds provided, $364,560,000, including $182,280,000 from the amounts that become available on October 1, 2022, is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account: Provided further , That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology Infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation: Provided further , That none of the amounts made available under this heading to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology Infrastructure system until the report and directive is received by the Committees on Appropriations of the House of Representatives and the Senate in accordance with the explanatory statement accompanying this Act. CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2022, such sums as may be necessary: Provided , That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further , That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years. PAYMENTS FOR TRIBAL LEASES For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided , That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. INDIAN HEALTH FACILITIES For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a ), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $1,172,107,000, to remain available until expended; and, in addition, $1,172,107,000, which shall become available on October 1, 2022 and remain available until expended: Provided , That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further , That not to exceed $500,000 may be used for each of fiscal years 2022 and 2023 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further , That of the amount appropriated under this heading for fiscal year 2022, $40,171,000 shall be for projects specified for Water and Wastewater Infrastructure in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act: Provided further , That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development. ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376 ; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms, or allowances therefor as authorized by 5 U.S.C. 5901–5902 ; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided , That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act ( 42 U.S.C. 2651–2653 ) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further , That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121 , the Indian Sanitation Facilities Act and Public Law 93–638 : Provided further , That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further , That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless such assessments or charges are identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further , That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 et seq. ), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further , That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further , That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further , That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further , That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further , That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National Institutes of Health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) ) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $84,540,000. Agency for Toxic Substances and Disease Registry TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $81,750,000: Provided , That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further , That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further , That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2022, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive Office of the President COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,200,000: Provided , That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety and Hazard Investigation Board SALARIES AND EXPENSES For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 , and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376 , $13,400,000, of which $900,000 shall remain available until expended: Provided , That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further , That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further , That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Office of Navajo and Hopi Indian Relocation SALARIES AND EXPENSES For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531 , $3,150,000, to remain available until expended, which shall be derived from unobligated balances from prior year appropriations available under this heading: Provided , That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further , That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further , That no relocatee will be provided with more than one new or replacement home: Provided further , That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to section 11 of Public Law 93–531 (88 Stat. 1716). Institute of American Indian and Alaska Native Culture and Arts Development PAYMENT TO THE INSTITUTE For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99–498 ( 20 U.S.C. 4411 et seq. ), $11,000,000, which shall become available on July 1, 2022, and shall remain available until September 30, 2023. Smithsonian Institution SALARIES AND EXPENSES For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109 ; and purchase, rental, repair, and cleaning of uniforms for employees, $872,000,000, to remain available until September 30, 2023, except as otherwise provided herein; of which not to exceed $12,798,000 shall be for the instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women’s History Museum, National Museum of the American Latino, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided , That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further , That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further , That the use of such amounts in the general trust funds of the Institution for such purpose shall not be construed as Federal debt service for, a Federal guarantee of, a transfer of risk to, or an obligation of the Federal Government: Provided further , That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building: Provided further , That any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2536) on the intended sale. FACILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $230,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109 . National Gallery of Art SALARIES AND EXPENSES For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109 ; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law ( 5 U.S.C. 5901–5902 ); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $157,500,000, to remain available until September 30, 2023, of which not to exceed $3,775,000 for the special exhibition program shall remain available until expended. REPAIR, RESTORATION AND RENOVATION OF BUILDINGS (INCLUDING TRANSFER OF FUNDS) For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $26,000,000, to remain available until expended: Provided , That of this amount, $11,458,000 shall be available for design and construction of an off-site art storage facility in partnership with the Smithsonian Institution and may be transferred to the Smithsonian Institution for such purposes: Provided further , That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center for the Performing Arts OPERATIONS AND MAINTENANCE For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, $27,000,000, to remain available until September 30, 2023. CAPITAL REPAIR AND RESTORATION For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $13,440,000, to remain available until expended. Woodrow Wilson International Center for Scholars SALARIES AND EXPENSES For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109 , $14,000,000, to remain available until September 30, 2023. National Foundation on the Arts and the Humanities National Endowment for the Arts GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $182,500,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National Endowment for the Humanities GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $182,500,000 to remain available until expended, of which $166,900,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $15,600,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $13,600,000 for the purposes of section 7(h): Provided , That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided , That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further , That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further , That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further , That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission of Fine Arts SALARIES AND EXPENSES For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $3,328,000: Provided , That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further , That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further , That one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses. NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS For necessary expenses as authorized by Public Law 99–190 ( 20 U.S.C. 956a ), $5,000,000: Provided , That the item relating to National Capital Arts and Cultural Affairs in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 ( 20 U.S.C. 956a ), shall be applied in fiscal year 2022 in the second paragraph by inserting , calendar year 2020 excluded before the first period: Provided further , That in determining an eligible organization's annual income for calendar years 2021 and 2022, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization's annual income. Advisory Council on Historic Preservation SALARIES AND EXPENSES For necessary expenses of the Advisory Council on Historic Preservation ( Public Law 89–665 ), $8,255,000. National Capital Planning Commission SALARIES AND EXPENSES For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109 , $8,382,000: Provided , That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United States Holocaust Memorial Museum HOLOCAUST MEMORIAL MUSEUM For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 ( 36 U.S.C. 2301–2310 ), $62,616,000, of which $715,000 shall remain available until September 30, 2024, for the Museum’s equipment replacement program; and of which $3,000,000 for the Museum’s repair and rehabilitation program and $1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. Presidio Trust The Presidio Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ), in an amount not to exceed $20,000,000. World War I Centennial Commission SALARIES AND EXPENSES Notwithstanding section 9 of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act ( Public Law 112–272 ) and the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ), for necessary expenses of the World War I Centennial Commission, $1,000,000, to remain available until September 30, 2023: Provided , That in addition to the authority provided by section 6(g) of such Act, the World War I Commission may accept money, in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the Commission ), $200,000 to remain available until September 30, 2023: Provided , That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114–244 , the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. United States Semiquincentennial Commission SALARIES AND EXPENSES For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116–282 , the technical amendments to Public Law 114–196 , $8,000,000, to remain available until expended. IV GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) RESTRICTION ON USE OF FUNDS 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . OBLIGATION OF APPROPRIATIONS 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. DISCLOSURE OF ADMINISTRATIVE EXPENSES 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. MINING APPLICATIONS 404. (a) Limitation of funds None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 , 36, and 37) for placer claims, and section 2337 of the Revised Statutes ( 30 U.S.C. 42 ) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report On September 30, 2023, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( Public Law 104–208 ). (d) Mineral examinations In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ) shall continue in effect in fiscal year 2022. CONTRACT SUPPORT COSTS, FISCAL YEAR 2022 LIMITATION 406. Amounts provided by this Act for fiscal year 2022 under the headings Department of Health and Human Services, Indian Health Service, Contract Support Costs and Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2022 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided , That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. FOREST MANAGEMENT PLANS 407. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) ) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act ( 16 U.S.C. 1600 et seq. ) or any other law: Provided , That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. PROHIBITION WITHIN NATIONAL MONUMENTS 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 ( 16 U.S.C. 431 et seq. ) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. LIMITATION ON TAKINGS 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided , That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. PROHIBITION ON NO-BID CONTRACTS 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless— (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act ( Public Law 93–638 , 25 U.S.C. 450 et seq. ) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act ( 25 U.S.C. 450b(e) ); or (3) such contract was awarded prior to the date of enactment of this Act. POSTING OF REPORTS 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES 412. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term underserved population means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. STATUS OF BALANCES OF APPROPRIATIONS 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. EXTENSION OF GRAZING PERMITS 415. The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act ( 43 U.S.C. 1752 ), shall remain in effect for fiscal year 2022. FUNDING PROHIBITION 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. HUMANE TRANSFER AND TREATMENT OF ANIMALS 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the Secretary concerned ), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the Wild Free-Roaming Horses and Burros Act ) ( 16 U.S.C. 1332 )). (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not— (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for— (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT AUTHORIZATION EXTENSION 418. Section 503(f) of Public Law 109–54 ( 16 U.S.C. 580d note) shall be applied by substituting September 30, 2022 for September 30, 2019 . USE OF AMERICAN IRON AND STEEL 419. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations. INFRASTRUCTURE PROJECTS 421. For an additional amount for Environmental Protection Agency—State and Tribal Assistance Grants , $453,984,000, to remain available until expended, of which: (1) $438,978,000 shall be for Water and Wastewater Infrastructure grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act, for the construction of drinking water, wastewater, and stormwater infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act, and, for the purposes of these grants, each grantee shall contribute not less than 20 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; and (2) $15,006,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table that appears under the heading Congressionally Directed Spending in the explanatory statement accompanying this Act for remediation, construction, and related environmental management activities in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act. RECREATION FEES 422. Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) shall be applied by substituting October 1, 2023 for September 30, 2019 . REPROGRAMMING GUIDELINES 423. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2536). LOCAL CONTRACTORS 424. Section 412 of division E of Public Law 112–74 shall be applied by substituting fiscal year 2022 for fiscal year 2019 . SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION 425. Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting fiscal year 2022 for fiscal year 2019 . INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION 426. Section 426 of division G of Public Law 113–76 ( 16 U.S.C. 565a–1 note) shall be applied by substituting September 30, 2022 for September 30, 2019 . PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION 427. The authority provided by the 19th unnumbered paragraph under heading Administrative Provisions, Forest Service in title III of Public Law 109–54 , as amended, shall be applied by substituting fiscal year 2022 for fiscal year 2019 . FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION EXTENSION 428. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113 ; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76 , shall be applied by substituting fiscal year 2022 for fiscal year 2019 . CHACO CANYON 429. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq, or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). TRIBAL LEASES 430. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2022 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) on how to implement a consistent and transparent process for the payment of such leases. FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 431. The authority provided under the heading Forest Ecosystem Health and Recovery Fund in title I of Public Law 111–88 , as amended by section 117 of division F of Public Law 113–235 , shall be applied by substituting fiscal year 2022 for fiscal year 2020 each place it appears. ALLOCATION OF PROJECTS 432. (a) Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2022 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, and for the projects and activities specified in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2022 in the explanatory statement accompanying this Act. (b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022 in the explanatory statement accompanying this Act. (c) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than amounts that are allocated by subsections (a) and (b) of this section of this Act. (d) (1) Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code. (2) The Federal land acquisition and Forest Legacy projects in the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. (3) Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President’s Budget for the projects in the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) for the list of supplementary allocations required by paragraph (1), and for the projects in the Submission of Annual List of Projects to Congress required by section 200402(h) of title 54, United States Code. (e) The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances for amounts allocated pursuant to subsections (a) and (b) of this section, including all uncommitted, committed, and unobligated funds. POLICIES RELATING TO BIOMASS ENERGY 433. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal departments and agencies; and (B) using the best available science, recognizes the benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that— (A) reflect the extent of the carbon benefits of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in— (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. SMALL REMOTE INCINERATORS 434. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as small, remote incinerator units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. FACILITIES RENOVATION FOR URBAN INDIAN ORGANIZATIONS TO THE EXTENT AUTHORIZED FOR OTHER GOVERNMENT CONTRACTORS 435. The Secretary of Health and Human Services may authorize an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ) that is awarded a grant or contract under title V of that Act ( 25 U.S.C. 1651 et seq. ) to use funds provided in such grant or contract for minor renovations to facilities or construction or expansion of facilities, including leased facilities, to assist the urban Indian organization in meeting or maintaining standards issued by Federal or State governments or by accreditation organizations. TIMBER SALE REQUIREMENTS 436. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINISTRATION FOR THE NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND 437. Funds made available in this or any other Act or otherwise made available to the Department of the Interior or the Department of Agriculture that are subject to the allocations in 54 U.S.C. 200402(e)(1) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2) . FIREFIGHTER PAY CAP 438. (a) (1) If services performed by the designated employees under paragraph (2) of this subsection at the Department of the Interior or the Department of Agriculture during 2022 are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to be primarily related to emergency wildland fire suppression activities, any premium pay for such services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee’s pay is paid on a biweekly or calendar year basis. Any services during 2022 that generate payments payable in 2023 shall be disregarded in applying this subsection. (2) The premium pay waiver under paragraph(1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. (3) The Departments of the Interior and Agriculture shall provide a report to Congress detailing the number of positions, including by occupation, grade, and the aggregate pay by type of pay for each individual who receives pay authorized under subsection (a)(1). (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2022. (c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2022. (d) (1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee’s basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. (2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, premium pay means the premium pay paid under the provisions of law cited in section 5547(a). (3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. (4) For the purpose of applying this subsection, basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (e) If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code, or other similar provision of law. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking the United States Forest Service in . WILD AND SCENIC RIVERS COMPREHENSIVE MANAGEMENT PLANS 439. The Secretary of Agriculture shall not be considered to be in violation of section 3(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d)(1) ) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision. This Act may be cited as the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3034is/xml/BILLS-117s3034is.xml
|
117-s-3035
|
II 117th CONGRESS 1st Session S. 3035 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Artificial Intelligence Hygiene Working Group, and for other purposes.
1. Short title This Act may be cited as the Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021 or the GOOD AI Act of 2021 . 2. Principles and policies for use of artificial intelligence in government (a) Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Artificial intelligence The term artificial intelligence has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (4) Artificial intelligence system The term artificial intelligence system — (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility— (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director The term Director means the Director of the Office of Management and Budget. (b) Guidance for agency use of artificial intelligence (1) In general In developing an update under section 104(d) of the AI in Government Act of 2020 ( 40 U.S.C. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider— (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled Key Considerations for Responsible Development and Fielding of AI , as updated in April 2021; (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of— (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (c) Artificial intelligence hygiene and protection of government information, privacy, civil rights, and civil liberties (1) Establishment Not later than 45 days after the date of enactment of this Act, the Director shall establish a working group to be known as the Artificial Intelligence Hygiene Working Group . (2) Membership The Director shall appoint members to the Artificial Intelligence Hygiene Working Group from among members of appropriate interagency councils. (3) Implementation Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Artificial Intelligence Hygiene Working Group, shall implement a means by which to— (A) ensure that contracts for the acquisition of artificial intelligence and artificial intelligence systems— (i) align with the memorandum issued, and periodically updated, by the Director under subsections (a) and (d), respectively, of section 104 of the AI in Government Act of 2020 ( 40 U.S.C. 11301 note); (ii) address the protection of privacy, civil rights, and civil liberties; (iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and (iv) include requirements for securing the training data, algorithms, and other components of any artificial intelligence system against— (I) misuse; (II) unauthorized alteration; (III) degradation; or (IV) being rendered inoperable; and (B) address any other issue or concern the Director determines relevant to ensure— (i) the appropriate use of artificial intelligence and artificial intelligence systems; and (ii) the protection of privacy, Federal Government data, and other information of the Federal Government. (4) Updates On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3). (5) Briefing Not later than 90 days after the date of enactment of this Act, quarterly thereafter until the date on which the Director implements the means required under paragraph (3), and annually thereafter, the Director shall brief the appropriate congressional committees on the implementation of this subsection. (6) Sunset This subsection shall cease to have force or effect on the date that is 10 years after the date of enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3035is/xml/BILLS-117s3035is.xml
|
117-s-3036
|
II 117th CONGRESS 1st Session S. 3036 IN THE SENATE OF THE UNITED STATES October 21, 2021 Ms. Rosen (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the National Oceanic and Atmospheric Administration to maintain a program that improves wildfire forecasting and detection, and for other purposes.
1. Short title This Act may be cited as the Fire Information and Reaction Enhancement Act or the FIRE Act . 2. Wildfire forecasting and detection (a) Program for wildfire forecasting and detection (1) In general The Administrator of the National Oceanic and Atmospheric Administration, in collaboration with such representatives of the United States weather industry and academic entities as the Administrator considers appropriate, shall establish and maintain a program within the Administration to improve wildfire forecasting and detection. (2) Goals The goals of the program established and maintained under paragraph (1) shall be to develop and extend accurate wildfire forecasts and warnings in order to reduce loss of life, injury, property, and damage to the economy, with a focus on— (A) improving the prediction of intensification and spread of wildfires; (B) improving the forecast and communication of smoke dispersion from wildfires; (C) improving information dissemination and risk communication to create more effective watch and warning products; and (D) improving the early detection of wildfires to contain the growth of wildfires and mitigate damages. (3) Elements In order to meet the goals described in paragraph (2), the Administrator may conduct development, testing, and deployment activities related to— (A) advanced satellite detection products; (B) grid-based assessments and outlooks of fuel moisture and danger levels; (C) coupled atmosphere and fire modeling systems; (D) systems to link long-term weather predictions to achievable land management decisions; and (E) improved spatial and temporal resolution observations in high latitudes. (b) Program for weather research testbeds (1) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Administrator for Oceanic and Atmospheric Research (in this section referred to as the Assistant Administrator ) shall establish a program to create one or more testbeds for weather research, in partnership with industry and academic partners, to develop improved detection of and forecast capabilities for wildfire events and the effects of those events. (2) Resources In carrying out the program established under paragraph (1), the Assistant Administrator may not use the resources of the cooperative institutes of the National Oceanic and Atmospheric Administration in existence as of the date of enactment of this Act for the testbeds described in such paragraph. (3) Authorization of appropriations There is authorized to be appropriated $15,000,000 for fiscal year 2022 to carry out the program established under paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-117s3036is/xml/BILLS-117s3036is.xml
|
117-s-3037
|
II 117th CONGRESS 1st Session S. 3037 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child's gender transition in any form, and for other purposes.
1. Short title This Act may be cited as the Empower Parents to Protect Their Kids Act of 2021 . 2. Findings Congress finds the following: (1) Some school districts are violating parental and familial rights by encouraging or instructing staff to deceive or withhold information from parents if their child is seeking to transition genders. Without parental knowledge or consent, schools are facilitating social gender transitions by changing the names and pronouns of children in school, or even allowing children to change which sex-segregated facilities they use, such as dormitories for overnight field trips. (2) Powerful teachers unions and activist organizations are pressuring more schools to adopt policies to enable children, of any age, to change their gender identity at school without parental notice or consent. (3) Contrary to the unfounded assertions of activists, socially transitioning a child is not a neutral, uncontroversial decision, but an experimental intervention that has immediate effects on a child’s psychology and a high likelihood of changing the life path of a child. A social gender transition may make it more difficult for a child to reverse course later on, thereby increasing the likelihood that the child will continue on to a medical transition , resulting in life-changing, irreversible consequences. (4) Any policies that attempt to circumvent parental authority are a violation of parents’ constitutionally protected rights to direct the care, custody, and upbringing of their children as recognized by the Supreme Court. Further, policies that withhold information from parents or ask children about intimate details of their family life violate Federal statutes designed to uphold a parent’s rights and duties in education. School districts implementing such policies are misrepresenting or entirely ignoring these statutes and constitutional protections. (5) Schools should never be allowed to intrude on family life by misleading parents and confusing children. 3. Requirement of parental consent (a) In general No Federal funds shall be made available to any elementary school or secondary school unless the elementary school or secondary school, with respect to students enrolled at the school who have not yet reached 18 years of age, complies with each of the following requirements: (1) School employees do not proceed with any accommodation intended to affirm a student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex, or any action to facilitate a gender transition, including referral or recommendation to any third-party medical provider, unless the employees have received express parental consent to do so. (2) School employees do not facilitate, encourage, or coerce students to withhold information from their parents regarding the student’s gender transition or the student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex. (3) School employees do not withhold or hide information from parents about a student’s requested gender transition or a student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex. (4) School employees do not pressure or coerce the parents of students, or students themselves, to proceed with any treatment or intervention to affirm the student’s purported gender identity, where that gender identity is incongruous with biological sex. (b) Rules of construction Nothing in this section shall be construed— (1) to prevent a school employee from contacting appropriate legal authorities about an imminent threat to a student’s physical safety in the event that the school employee knows or has a reasonable suspicion that the student is at risk of physical abuse, as defined in section 1169 of title 18, United States Code; or (2) to deprive any parent of the right to be involved in a child’s actions or discussions about gender transition, without the due process of law. (c) Ensuring compliance (1) In general The head of each Federal agency shall require each application for Federal assistance submitted by a State educational agency or local educational agency to the head of such Federal agency— (A) to describe the steps that each elementary school and secondary school served by the State educational agency or local educational agency proposes to take to ensure compliance with the requirements under this section and how these steps preserve and protect the authority of the family; and (B) to ensure that— (i) a copy of the written policy that each elementary school and secondary school served by the State educational agency or local educational agency has to ensure compliance with the requirements under this section is provided to the head of such Federal agency and to the families of enrolled students; and (ii) each such policy is clearly and publicly posted on the website of the school. (2) Establishment of criteria The head of each Federal agency may establish criteria and provide technical assistance for meeting the requirements of this section. (d) Civil action for certain violations (1) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (2) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedy. (3) Defendants in actions under this section may include governmental entities as well as others An action under this section may be brought against any elementary school or secondary school receiving Federal financial assistance or any governmental entity assisting an elementary school or secondary school. (4) Nature of relief In an action under this section, the court shall grant— (A) all appropriate relief, including injunctive relief and declaratory relief; and (B) to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. (5) Attorneys fees for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (e) Definitions In this section: (1) Biological sex The term biological sex means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjective experience of gender. (2) Designated violation The term designated violation means an actual or threatened violation of this section. (3) ESEA The terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Gender identity The term gender identity means a person’s self-perception of their gender or claimed gender, regardless of the person’s biological sex. (5) Gender transition (A) In general The term gender transition includes both medical transition and social transition. (B) Medical transition The term medical transition means any medical or surgical intervention undertaken to alter the body of a person in order to assert an identity incongruent with biological sex or undertaken to create or facilitate the development of physiological or anatomical characteristics that resemble a sex different from the person's biological sex. (C) Social transition The term social transition means any action taken to affirm a person's asserted gender identity that is in contradiction to the person's biological sex, including decisions pertaining to the use of sex-specific facilities and accommodations, participation in sex-segregated sports or activities, pronoun and name usage, boarding, sleeping and travel arrangements for field trips (including overnight trips), and dress code guidelines. (6) Governmental entity The term governmental entity means a school district, a local educational agency, a school board, or any agency or other governmental unit or subdivision of a State responsible for education, or of such a local government. (7) Qualified party The term qualified party means— (A) the Attorney General of the United States; or (B) any parent or legal guardian adversely affected by the designated violation.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3037is/xml/BILLS-117s3037is.xml
|
117-s-3038
|
II 117th CONGRESS 1st Session S. 3038 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China.
1. Short title This Act may be cited as the Exposing China’s Belt and Road Investment in America Act of 2021 . 2. Review by Committee on Foreign Investment in the United States of greenfield investments by People's Republic of China (a) Inclusion in definition of covered transaction Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of the enactment of this clause. ; and (2) in subparagraph (B), by adding at the end the following: (vi) An investment by a foreign person that— (I) involves— (aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and (bb) the establishment of a United States business to operate a factory or other facility on that real estate; and (II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by— (aa) the Government of the People’s Republic of China; (bb) a person owned or controlled by, or acting on behalf of, that Government; (cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; (dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or (ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years. . (b) Definition of Government of People's Republic of China Section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ) is amended— (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: (7) Government of People's Republic of China The term Government of the People's Republic of China includes the national and subnational governments within the People’s Republic of China, including any departments, agencies, or instrumentalities of such governments. . (c) Mandatory filing of declarations Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: (DD) Greenfield investments by People’s Republic of China The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3038is/xml/BILLS-117s3038is.xml
|
117-s-3039
|
II 117th CONGRESS 1st Session S. 3039 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Young (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to establish an interagency council on social determinants of health, and for other purposes.
1. Short title This Act may be cited as the Social Determinants Accelerator Act of 2021 . 2. Social Determinants Accelerator Council Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by adding at the end the following new part: E Social Determinants of Health 1191. Social Determinants Accelerator Council (a) Establishment The Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, the Director of the Agency for Healthcare Research and Quality, and the Director of the Indian Health Service, shall establish an interagency council, to be known as the Social Determinants Accelerator Interagency Council (referred to in this part as the Council ) to achieve the purposes of— (1) establishing effective, coordinated Federal technical assistance to help State and local governments to improve outcomes and cost-effectiveness of, and return on investment from, health and social services programs; (2) building a pipeline of State and locally designed, cross-sector interventions and strategies that generate rigorous evidence about how to improve health and social outcomes, and increase the cost-effectiveness of, and return on investment from, Federal, State, local, and Tribal health and social services programs; (3) enlisting State and local governments and the service providers of such governments as partners in identifying Federal statutory, regulatory, and administrative challenges in improving the health and social outcomes of, cost-effectiveness of, and return on investment from, Federal spending on individuals receiving medical assistance under a State plan (or a waiver of such plan) under title XIX; and (4) developing strategies to improve health and social outcomes without denying services to, or restricting the eligibility of, vulnerable populations. (b) Membership (1) Federal members The Council shall be composed of at least 1 designee from each of the following Federal agencies: (A) The Office of Management and Budget. (B) The Department of Agriculture. (C) The Department of Education. (D) The Department of Housing and Urban Development. (E) The Department of Labor. (F) The Department of Transportation. (G) Any other Federal agency the Chair of the Council determines necessary. (2) Designation (A) In general The head of each agency specified in paragraph (1) shall designate at least 1 employee described in subparagraph (B) to serve as a member of the Council. (B) Responsibilities An employee described in this subparagraph shall be a senior employee of the agency— (i) whose responsibilities relate to authorities, policies, and procedures with respect to the health and well-being of individuals receiving medical assistance under a State plan (or a waiver of such plan) under title XIX; or (ii) who has authority to implement and evaluate transformative initiatives that harness data or who conducts rigorous evaluation to improve the impact and cost-effectiveness of federally funded services and benefits. (3) HHS representation In addition to the designees under paragraph (1), the Council shall include designees from agencies within the Department of Health and Human Services, including the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Indian Health Service. The designees of each such agency shall include at least 1 designee who meets the criteria under paragraph (2)(B). (4) Non-federal members The Council shall include at least 9 non-Federal members, to be designated by the Secretary, with experience in improving the impact and cost-effectiveness of Federal Government health and social services, of which— (A) at least 1 such member shall be a director of a State or local human services agency; (B) at least 1 such member shall be a director of a Tribal health authority; (C) at least 1 such member shall be a director of a public housing authority or State housing finance agency; (D) at least 1 such member shall be a director of a State or local government budget office; (E) at least 1 such member shall be a State Medicaid program director; (F) at least 1 such member shall be from a State office of rural health; (G) at least 1 such member shall be a representative from a national consumer or patient advocacy organization; (H) at least 1 such member shall be a primary care provider with clinical experience working in medically underserved populations; and (I) at least 1 such member shall be a representative from a commercial health plan. (5) Chair The Secretary shall select the Chair of the Council from among the members of the Council. (c) Duties The duties of the Council are— (1) to make recommendations to the Secretary regarding the criteria for making awards under section 1192; (2) to identify Federal authorities and opportunities for use by States or local governments to improve coordination of funding and administration of Federal programs that serve individuals with significant unmet health and social needs, as defined by the Secretary, and for whom coordinated health and social interventions may be unknown or underutilized; (3) to make information on such authorities and opportunities publicly available; (4) to provide targeted technical assistance to States developing social determinants of health interventions; (5) to report to Congress annually in accordance with subsection (e); (6) solicit feedback from State, local, and Tribal governments on best practices for addressing social determinants of health and for coordinating health and social service programs; (7) to develop and disseminate such best practices; (8) to develop and disseminate performance measures to reliably assess the impact of local interventions or approaches; (9) to coordinate with other cross-agency initiatives focused on improving the health and well-being of low-income and at-risk populations in order to prevent unnecessary duplication between agency initiatives; and (10) to draft and make publicly available a report on Federal cross-agency opportunities to address social determinants of health, which shall include the benefits of grants to State, local, or Tribal jurisdictions. (d) Schedule Not later than 90 days after the date of the enactment of the Social Determinants Accelerator Act of 2021 , the Council shall convene to develop a schedule and plan for carrying out the duties described in subsection (c), including solicitation of applications for the grants under section 1192. (e) Report to Congress The Council shall submit an annual report to Congress, which shall include— (1) a list of the Council members; (2) summaries of the activities and expenditures of the Council; (3) summaries of the interventions and approaches that will be supported by State, local, and Tribal governments that received a grant under section 1192, including evidence-based best practices and approaches grantees have employed to improve health outcomes, and improve the cost-effectiveness of, and return on investment from, Federal, State, local, and Tribal governments; (4) the feedback received from State and local governments on ways to improve the technical assistance of the Council, and actions the Council plans to take in response to such feedback; and (5) the major statutory, regulatory, and administrative challenges identified by State, local, and Tribal governments that received a grant under section 1192, and the actions that Federal agencies are taking to address such challenges. (f) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (g) Council procedures The Secretary, in consultation with the Comptroller General of the United States and the Director of the Office of Management and Budget, shall establish procedures for the Council to— (1) ensure that adequate resources are available to effectively execute the responsibilities of the Council; (2) effectively coordinate with other relevant advisory bodies and working groups to avoid unnecessary duplication; (3) create transparency to the public and Congress with regard to Council membership, costs, and activities, including through use of modern technology and social media to disseminate information; and (4) avoid conflicts of interest that would jeopardize the ability of the Council to make decisions and provide recommendations. 1192. Grants to address social determinants of health (a) Grants to States, local governments, and Tribes The Secretary, in consultation with the Council, shall award on a competitive basis up to 25 grants to eligible applicants described in subsection (b) for addressing social determinants of health in underserved populations. Not later than 180 days after the date of the enactment of the Social Determinants Accelerator Act of 2021 , the Secretary shall award all such grants. (b) Eligible applicant In order to be eligible to apply for a grant under this section, an entity shall be— (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by Secretary; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. (c) Amount of grant The Secretary, in coordination with the Council, shall determine the total amount that the Secretary will make available to each grantee under this section. (d) Application An eligible applicant seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require, and submit a proposed process for developing a social determinants accelerator plan in accordance with subsection (e). (e) Use of funds A grant under this section shall be used— (1) to engage qualified research experts to advise on research relevant to, and to design, a proposed social determinants accelerator plan, in accordance with standards and guidelines issued by the Secretary; (2) to collaborate with the Council to support the development of a social determinants accelerator plan; (3) to prepare and submit a final social determinants accelerator plan to the Secretary; and (4) to address social determinants of health in a target community in a State, county, city, or other municipality, by designing and implementing innovative, evidence-based, cross-sector strategies to improve the health and well-being of individuals in such community through the implementation of the final social determinants accelerator plan. (f) Priority In awarding grants under this section, the Secretary shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Secretary. (g) Contents of plans A social determinants accelerator plan developed through a grant under this section shall include the following: (1) A description of the population (or populations) in the target community that would benefit from implementation of the social determinants accelerator plan, including an analysis describing the projected impact on the well-being of individuals described in subsection (e)(4). (2) A description of the interventions or approaches designed under the social determinants accelerator plan and the evidence for selecting such interventions or approaches. (3) The objectives and outcome goals of such interventions or approaches, including at least 1 health outcome and at least 1 other important social outcome. (4) A plan for accessing and linking relevant data to enable coordinated benefits and services for the relevant jurisdictions and an evaluation of the proposed interventions and approaches. (5) A description of the State, local, Tribal, academic, nonprofit, or community-based organizations, or any other private sector organizations that would participate in implementing the proposed interventions or approaches, and the role each would play to contribute to the success of the proposed interventions or approaches. Such entities may include— (A) health systems; (B) payors, including, as appropriate, medicaid managed care entities (as defined in section 1903(m)(1)(A)), Medicare Advantage plans under part C of title XVIII, and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX, community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers. (6) The identification of any supplemental funding sources that would be used to finance the proposed interventions or approaches. (7) A description of any financial incentives that may be provided, including outcome-focused contracting approaches to encourage service providers and other partners to improve outcomes of, cost-effectiveness of, and return on investment from, Federal, State, local, or Tribal government spending. (8) The identification of the applicable Federal, State, local, or Tribal statutory and regulatory authorities, including waiver authorities, to be leveraged to implement the proposed interventions or approaches. (9) A description of potential considerations that would enhance the impact, scalability, or sustainability of the proposed interventions or approaches and the actions the grant awardee would take to address such considerations. (10) A evaluation plan, to be carried out by an independent evaluator, to measure the impact of the proposed interventions or approaches on the outcomes of, cost-effectiveness of, and return on investment from, Federal, State, local, and Tribal governments. (11) Precautions for ensuring that vulnerable populations will not be denied access to the Medicaid program under title XIX or other essential services as a result of implementing the social determinants accelerator plan. (h) Monitoring and evaluation As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Secretary describing the activities carried out through the grant and the outcomes of such activities. (i) Independent national evaluation (1) In general Not later than 3 years after the first grants are awarded under this section, the Secretary shall provide for the commencement of an independent national evaluation of the program under this section. (2) Report to congress Not later than 90 days after receiving the results of such independent national evaluation, the Secretary shall report such results to the Congress. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Reservation Of the funds made available to carry out this section, the Secretary shall reserve not less than 20 percent to award grants to eligible applicants for the development of social determinants accelerator plans under this section intended to serve rural populations. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3039is/xml/BILLS-117s3039is.xml
|
117-s-3040
|
II 117th CONGRESS 1st Session S. 3040 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit Fannie Mae and Freddie Mac from purchasing or otherwise acquiring investor property loans, and for other purposes.
1. Short title This Act may be cited as the No GSE Subsidies for Investor Properties Act . 2. Definitions In this Act: (1) Conventional mortgage The term conventional mortgage has the meaning given the term in section 302(i) of the Federal Home Loan Mortgage Act ( 12 U.S.C. 1451(i) ). (2) Enterprise The term enterprise has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (3) Investor property loan The term investor property loan means a conventional mortgage secured by a property comprising 1-to-4 family dwelling units that is not the principal residence or a second home of the borrower. 3. Prohibition on purchase or acquisition of investor property loans (a) In general Notwithstanding any other provision of law, including the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq. ) or the Federal Home Loan Mortgage Corporation Act ( 42 U.S.C. 1451 et seq. ), on and after the date that is 18 months after the date of enactment of this Act, an enterprise may not purchase or otherwise acquire an investor property loan. (b) Transition plans The Federal Housing Finance Agency shall require each enterprise to develop and implement a plan to gradually reduce the purchase and acquisition of investor property loans by the enterprise to achieve compliance with subsection (a) while mitigating the risk of disruption to the housing finance market in the United States.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3040is/xml/BILLS-117s3040is.xml
|
117-s-3041
|
II 117th CONGRESS 1st Session S. 3041 IN THE SENATE OF THE UNITED STATES October 21, 2021 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for and support liver illness visibility, education, and research, and for other purposes.
1. Short title This Act may be cited as the Liver Illness Visibility, Education, and Research Act of 2021 . 2. Findings Congress finds the following: (1) Liver cancer is among the fastest-growing cause of cancer death in the United States and among the leading causes of cancer deaths globally. (2) The Division of Cancer Control and Population Sciences of the National Cancer Institute estimated that there will be 42,230 new liver cancer diagnoses in the year 2021, and approximately 30,200 individuals will die from the disease. (3) Liver cancer is a leading cause of cancer death among the Asian American and Pacific Islander community. (4) The most vulnerable Asian Americans are those who are foreign-born, low-income, and living in ethnic enclaves. (5) Asian and Pacific Islander men and women are nearly twice as likely to develop liver cancer compared to the non-Hispanic White population. (6) Among the Asian and Pacific Islander population, the higher incidence rate of liver cancer is partially explained by higher incidence rates of hepatitis B and diabetes comorbidities which are shown to increase an individual’s risk of developing liver cancer. (7) The most common causes of liver cancer include hepatitis B virus and hepatitis C virus infection. (8) Hepatitis B is a primary risk factor for developing liver cancer, and approximately 15 to 25 percent of those chronically infected with hepatitis B develop cirrhosis, liver failure, or liver cancer. (9) More than half of all individuals with hepatitis B in the United States are Asian American or Pacific Islander, though this group accounts for only 6 percent of the population of the United States. (10) Among African immigrants in the United States, the prevalence of hepatitis B infection is approximately 1 in 12, and African immigrants make up 12 percent of those with chronic hepatitis B infection in the United States. (11) Among Hispanic/Latino communities, liver cancer incidence and death rates are twice as high compared to the non-Hispanic White population. (12) Hispanics/Latinos are 70 percent more likely to die from viral hepatitis than non-Hispanic Whites. 3. Liver cancer and disease research Subpart 1 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. ) is amended by adding at the end the following new section: 417H. Liver cancer and disease research (a) Expansion and coordination of activities The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on liver cancer and other liver diseases. (b) Programs for liver cancer In carrying out subsection (a), the Director of the Institute shall provide for an expansion and intensification of the conduct and support of— (1) basic research concerning the etiology and causes of liver cancer; (2) clinical research and related activities concerning the causes, prevention, detection, and treatment of liver cancer; (3) control programs with respect to liver cancer, in accordance with section 412, including community-based programs designed to assist members of medically underserved populations (including women), low-income populations, or minority groups; and (4) information and education programs with respect to liver cancer, in accordance with section 413. (c) Inter-Institute working group The Director of the Institute shall establish an inter-institute working group to coordinate research agendas focused on finding treatments and cures for liver cancer and other liver diseases, including hepatitis B and nonalcoholic steatohepatitis. (d) Grants and cooperative agreements (1) In general The Secretary may award grants and enter into cooperative agreements with entities for the purpose of expanding, conducting, and supporting research on— (A) conditions known to increase an individual’s risk of developing a major liver disease, such as liver cancer, hepatitis B, hepatitis C, nonalcoholic fatty liver disease, nonalcoholic steatohepatitis, and cirrhosis of the liver; and (B) early detection and diagnostic measures for such a disease, including the study of molecular pathology and biomarkers for early detection. (2) Experimental treatment and prevention In the case of an entity that is a hospital or a health care facility, the Secretary may award a grant or enter into a cooperative agreement with such an entity for the purpose of supporting an experimental treatment or prevention program for liver cancer carried out by such entity. (3) Authorization of appropriations For purposes of carrying out this subsection, there is authorized to be appropriated $45,000,000 for each of fiscal years 2023 through 2027. . 4. Liver cancer and disease prevention, awareness, and patient tracking grants Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following new section: 330O. Liver cancer and disease prevention, awareness, and patient tracking grants (a) Prevention initiative grant program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and enter into cooperative agreements with entities for the purpose of expanding and supporting— (A) prevention activities (including providing screenings, vaccinations, or other preventative interventions) for conditions known to increase an individual’s risk of developing a major liver disease, such as liver cancer, hepatitis B, hepatitis C, nonalcoholic fatty liver disease, nonalcoholic steatohepatitis, and cirrhosis of the liver; (B) activities relating to detection and provision of guidance for individuals at high risk for contracting liver cancer and other liver diseases; and (C) viral hepatitis surveillance to provide for timely and accurate information regarding progress to eliminate viral hepatitis. (2) Report An entity that receives a grant or cooperative agreement under paragraph (1) shall submit to the Secretary, at a time specified by the Secretary, a report describing each activity carried out pursuant to such paragraph and evaluating the effectiveness of such activity in promoting prevention and treatment of liver cancer and other liver diseases. (3) Authorization of appropriations For purposes of carrying out this subsection, there is authorized to be appropriated $90,000,000 for each of fiscal years 2023 through 2027. (b) Awareness initiative grant program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to eligible entities for the purpose of raising awareness for liver cancer and other liver diseases, which may include the production, dissemination, and distribution of informational materials targeted towards communities and populations with a higher risk for developing liver cancer and other liver diseases. (2) Eligible entities To be eligible to receive a grant under paragraph (1), an entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of how the entity, in disseminating information on liver cancer and other liver diseases pursuant to paragraph (1), will— (A) with respect to any community or population, consult with members of such community or population and provide such information in a manner that is culturally and linguistically appropriate for such community or population; (B) highlight the range of preventative measures and treatments available for liver cancer and other liver diseases; (C) integrate information on available hepatitis B and hepatitis C testing programs into any liver cancer presentations carried out by the entity; and (D) address communities and populations with a higher risk for contracting liver cancer and other liver diseases. (3) Preference In awarding grants under paragraph (1), the Secretary shall give preference to entities that— (A) work with a federally-qualified health center; (B) are community-based organizations; or (C) serve communities and populations with a higher risk for contracting liver cancer and other liver diseases. (4) Report An entity that receives a grant under paragraph (1) shall submit to the Secretary, at a time specified by the Secretary, a report describing each activity carried out pursuant to such paragraph and evaluating the effectiveness of such activity in raising awareness for liver cancer and other liver diseases. (5) Authorization of appropriations For purposes of carrying out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2027. . 5. Hepatitis B research The Director of the National Institutes of Health shall, in collaboration with the Director of the National Institute of Allergy and Infectious Diseases, issue targeted calls for hepatitis B research proposals focused on key research questions identified by the research community and discussed in peer-reviewed research journal articles. 6. Changes relating to National Institute of Diabetes and Digestive and Kidney Diseases (a) Change of name of National Institute of Diabetes and Digestive and Kidney Diseases (1) In general Subpart 3 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285c et seq. ) is amended in the subpart heading by striking National Institute of Diabetes and Digestive and Kidney Diseases and inserting National Institute of Diabetes and Digestive, Kidney, and Liver Diseases . (2) Treatment of Director of National Institute of Diabetes and Digestive and Kidney Diseases The individual serving as the Director of the National Institute of Diabetes and Digestive and Kidney Diseases as of the date of enactment of this Act may continue to serve as the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases commencing as of that date. (3) References Any reference to the National Institute of Diabetes and Digestive and Kidney Diseases, or the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, in any law, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, or the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, respectively. (4) Conforming amendments (A) Section 401(b)(3) of the Public Health Service Act ( 42 U.S.C. 281(b)(3) ) is amended by striking The National Institute of Diabetes and Digestive and Kidney Diseases. and inserting The National Institute of Diabetes and Digestive, Kidney, and Liver Diseases. . (B) Section 409A(a) of the Public Health Service Act ( 42 U.S.C. 284e(a) ) is amended by striking the National Institute of Diabetes and Digestive and Kidney Diseases and inserting the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases . (b) Purpose of the Institute Section 426 of the Public Health Service Act ( 42 U.S.C. 285c ) is amended— (1) by striking National Institute of Diabetes and Digestive and Kidney Diseases and inserting National Institute of Diabetes and Digestive, Kidney, and Liver Diseases ; and (2) by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases . (c) Data systems and information clearinghouses Section 427 of the Public Health Service Act ( 42 U.S.C. 285c–1 ) is amended by adding at the end the following new subsection: (d) The Director of the Institute shall (1) establish the National Liver Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with liver diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing liver diseases, and (2) establish the National Liver Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of liver diseases on the part of health professionals, patients, and the public through the effective dissemination of information. . (d) Reestablishment of Liver Disease Research Branch within Division of Digestive Diseases and Nutrition as Division of Liver Diseases (1) In general The Liver Disease Research Branch within the Division of Digestive Diseases and Nutrition of the National Institute of Diabetes and Digestive and Kidney Diseases (referred to in this subsection as the Liver Disease Research Branch ) is hereby redesignated and promoted as the Division of Liver Diseases, which shall be within the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, as redesignated by subsection (a), as a separate division from the other divisions within such Institute. (2) Division Director Section 428 of the Public Health Service Act ( 42 U.S.C. 285c–2 ) is amended— (A) in the section heading, by striking Division directors for diabetes, endocrinology, and metabolic diseases, digestive diseases and nutrition, and kidney, urologic, and hematologic diseases and inserting Division directors for diabetes, endocrinology, and metabolic diseases, digestive diseases and nutrition, kidney, urologic, and hematologic diseases, and liver diseases ; (B) in subsection (a)(1)— (i) in the matter preceding subparagraph (A), by striking and a Division Director for Kidney, Urologic, and Hematologic Diseases and inserting a Division Director for Kidney, Urologic, and Hematologic Diseases, and a Division Director for Liver Diseases ; and (ii) in subparagraph (A), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases ; and (C) in subsection (b)— (i) in the matter preceding paragraph (1), by striking and the Division Director for Kidney, Urologic, and Hematologic Diseases and inserting the Division Director for Kidney, Urologic, and Hematologic Diseases, and the Division Director for Liver Diseases ; and (ii) in paragraph (1), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases . (3) Treatment of Director of Liver Disease Research Branch The individual serving as the Director of the Liver Disease Research Branch as of the date of enactment of this Act may continue to serve as the Division Director for Liver Diseases commencing as of that date. (4) Transfer of authorities The Secretary of Health and Human Services shall delegate to the Division Director for Liver Diseases all duties and authorities that were vested in the Director of the Liver Disease Research Branch as of the day before the date of enactment of this Act. (5) References Any reference to the Liver Disease Research Branch, or the Director of the Liver Disease Research Branch, in any law, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the Division of Liver Diseases, or the Division Director for Liver Diseases, respectively. (e) Interagency coordinating committees Section 429(a) of the Public Health Service Act ( 42 U.S.C. 285c–3(a) ) is amended— (1) in paragraph (1), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases ; and (2) in the matter following paragraph (2), by striking and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee and inserting a Kidney, Urologic, and Hematologic Diseases Coordinating Committee, and a Liver Diseases Coordinating Committee . (f) Advisory boards Section 430 of the Public Health Service Act ( 42 U.S.C. 285c–4 ) is amended— (1) in subsection (a), by striking and the National Kidney and Urologic Diseases Advisory Board and inserting the National Kidney and Urologic Diseases Advisory Board, and the Liver Diseases Advisory Board ; and (2) in subsection (b)(2)(A)(i)— (A) by striking the Director of the National Institute of Diabetes and Digestive and Kidney Diseases and inserting the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases ; and (B) by striking and the Division Director of the National Institute of Diabetes and Digestive and Kidney Diseases and inserting and the Division Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases . (g) Research and training centers Section 431 of the Public Health Service Act ( 42 U.S.C. 285c–5 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) The Director of the Institute shall provide for the development or substantial expansion of centers for research in liver diseases. Each center developed or expanded under this subsection— (1) shall utilize the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such research qualifications as may be prescribed by the Secretary; (2) shall develop and conduct basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of liver diseases and related functional, congenital, metabolic, or other complications resulting from such diseases; (3) shall encourage research into and programs for— (A) providing information for patients with such diseases and complications and the families of such patients, physicians and others who care for such patients, and the general public; (B) model programs for cost effective and preventive patient care; and (C) training physicians and scientists in research on such diseases and complications; and (4) may perform research and participate in epidemiological studies and data collection relevant to liver diseases in order to disseminate such research, studies, and data to the health care profession and to the public. . (h) Advisory council subcommittees Section 432 of the Public Health Service Act ( 42 U.S.C. 285c–6 ) is amended— (1) by striking and a subcommittee on kidney, urologic, and hematologic diseases and inserting a subcommittee on kidney, urologic, and hematologic diseases, and a subcommittee on liver diseases ; and (2) by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3041is/xml/BILLS-117s3041is.xml
|
117-s-3042
|
II 117th CONGRESS 1st Session S. 3042 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Commerce International trade administration OPERATIONS AND ADMINISTRATION For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $583,815,000, of which $80,000,000 shall remain available until September 30, 2023: Provided , That $11,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided further , That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of industry and security OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232 ; 132 Stat. 2208; 50 U.S.C. 4801 et seq. ), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b) ); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $142,410,000, of which $52,410,000 shall remain available until expended: Provided , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further , That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic development administration ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by sections 27 and 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended, $345,000,000 to remain available until expended, of which $50,000,000 shall be for grants under such section 27 and $5,000,000 shall be for grants under such section 28: Provided , That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act. SALARIES AND EXPENSES For necessary expenses of administering the economic development assistance programs as provided for by law, $50,000,000: Provided , That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 and 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended; and the Community Emergency Drought Relief Act of 1977. Minority business development agency MINORITY BUSINESS DEVELOPMENT For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprises, including expenses of grants, contracts, and other agreements with public or private organizations, $55,000,000, of which not more than $18,500,000 shall be available for overhead expenses, including salaries and expenses, rent, utilities, and information technology services. Economic and statistical analysis SALARIES AND EXPENSES For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $124,567,000, to remain available until September 30, 2023. Bureau of the census CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $309,865,000: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. PERIODIC CENSUSES AND PROGRAMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,122,537,000, to remain available until September 30, 2023: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further , That within the amounts appropriated, $3,556,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the Bureau of the Census. National telecommunications and information administration SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $80,531,000, to remain available until September 30, 2023, of which $17,700,000 shall remain available until expended for the purposes of an advanced communications research test site: Provided , That, notwithstanding 31 U.S.C. 1535(d) , the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further , That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United States patent and trademark office SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,058,410,000, to remain available until expended: Provided , That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2022, so as to result in a fiscal year 2022 appropriation from the general fund estimated at $0: Provided further , That during fiscal year 2022, should the total amount of such offsetting collections be less than $4,058,410,000, this amount shall be reduced accordingly: Provided further , That any amount received in excess of $4,058,410,000 in fiscal year 2022 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further , That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office Salaries and Expenses account: Provided further , That the budget of the President submitted for fiscal year 2023 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law in either fiscal year 2022 or fiscal year 2023: Provided further , That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2022 for official reception and representation expenses: Provided further , That in fiscal year 2022 from the amounts made available for Salaries and Expenses for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further , That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further , That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act ( Public Law 112–29 ): Provided further , That within the amounts appropriated, $2,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the USPTO. National institute of standards and technology SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the National Institute of Standards and Technology (NIST), $913,070,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund : Provided , That of the amounts appropriated under this heading, $37,598,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NIST External Projects in the explanatory statement accompanying this Act: Provided further , That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further , That not to exceed $5,000 shall be for official reception and representation expenses: Provided further , That NIST may provide local transportation for summer undergraduate research fellowship program participants. INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology services, $213,000,000, to remain available until expended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $38,000,000 shall be for the Manufacturing USA Program. CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e ), $268,063,000, to remain available until expended: Provided , That of the amounts appropriated under this heading, $125,563,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NIST Extramural Construction in the explanatory statement accompanying this Act: Provided further , That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further , That the Secretary of Commerce shall include in the budget justification materials for fiscal year 2023 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. National oceanic and atmospheric administration OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,451,783,000, to remain available until September 30, 2023: Provided , That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further , That in addition, $242,195,000 shall be derived by transfer from the fund entitled Promote and Develop Fishery Products and Research Pertaining to American Fisheries , which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Observers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further , That not to exceed $67,867,000 shall be for payment to the Department of Commerce Working Capital Fund : Provided further , That of the $4,716,978,000 provided for in direct obligations under this heading, $4,451,783,000 is appropriated from the general fund, $242,195,000 is provided by transfer, and $23,000,000 is derived from recoveries of prior year obligations: Provided further , That of the amounts appropriated under this heading, $64,034,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NOAA Special Projects in the explanatory statement accompanying this Act: Provided further , That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further , That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That, within the amounts appropriated, $1,500,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to National Weather Service operations: Provided further , That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary. PROCUREMENT, ACQUISITION AND CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,776,718,000, to remain available until September 30, 2024, except that funds provided for acquisition and construction of vessels and aircraft, and construction of facilities shall remain available until expended: Provided , That of the $1,792,718,000 provided for in direct obligations under this heading, $1,776,718,000 is appropriated from the general fund and $16,000,000 is provided from recoveries of prior year obligations: Provided further , That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That the Secretary of Commerce shall include in budget justification materials for fiscal year 2023 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further , That, within the amounts appropriated, $3,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to satellite and vessel procurement, acquisition and construction. PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2023: Provided , That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further , That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further , That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. FISHERMEN'S CONTINGENCY FUND For carrying out the provisions of title IV of Public Law 95–372 , not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2022, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental management SALARIES AND EXPENSES For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $87,500,000: Provided , That no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further , That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property. RENOVATION AND MODERNIZATION For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,100,000. NONRECURRING EXPENSES FUND For necessary expenses for technology modernization projects of the Department of Commerce, $53,500,000, of which $20,000,000 shall be available for a business application system modernization, to remain available until September 30, 2024, and of which $33,500,000 shall be available for cybersecurity risk mitigation, to remain available until September 30, 2023: Provided , That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93 , may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $37,000,000: Provided , That notwithstanding section 6413 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Public Law 112–96 ), an additional $2,000,000, to remain available until expended, shall be derived from the Public Safety Trust Fund for activities associated with carrying out investigations and audits related to the First Responder Network Authority (FirstNet). General provisions—Department of commerce (INCLUDING TRANSFER OF FUNDS) 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 ), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324 , may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 ; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ), as amended by section 105 of title I of division B of Public Law 113–6 , are hereby adopted by reference and made applicable with respect to fiscal year 2022: Provided , That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. 109. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided , That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading National Oceanic and Atmospheric Administration—Operations, Research, and Facilities and shall remain available until September 30, 2023, for such purposes: Provided further , That all funds within this section and their corresponding uses are subject to section 505 of this Act. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. 111. Amounts provided by this Act for the Hollings Manufacturing Extension Partnership under the heading National Institute of Standards and Technology—Industrial Technology Services shall not be subject to cost share requirements under 15 U.S.C. 278k(e)(2) : Provided , That the authority made available pursuant to this section shall be elective, in whole or in part, for any Manufacturing Extension Partnership Center that also receives funding from a State that is conditioned upon the application of a Federal cost sharing requirement. 112. The Secretary of Commerce, or the designee of the Secretary, may waive, in whole or in part, the matching requirements under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 , 1455a, and 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading Operations, Research, and Facilities under the heading National Oceanic and Atmospheric Administration . This title may be cited as the Department of Commerce Appropriations Act, 2022 . II DEPARTMENT OF JUSTICE General Administration SALARIES AND EXPENSES For expenses necessary for the administration of the Department of Justice, $131,264,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. JUSTICE INFORMATION SHARING TECHNOLOGY (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $113,024,000, to remain available until expended: Provided , That the Attorney General may transfer up to $40,000,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further , That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further , That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Executive Office for Immigration Review (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $845,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee account, and of which not less than $24,000,000 shall be available for services and activities provided by the Legal Orientation Program: Provided , That not to exceed $35,000,000 of the total amount made available under this heading shall remain available until expended. Office of Inspector General For necessary expenses of the Office of Inspector General, $127,184,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character: Provided , That not to exceed $4,000,000 shall remain available until September 30, 2023. United States Parole Commission SALARIES AND EXPENSES For necessary expenses of the United States Parole Commission as authorized, $14,238,000: Provided , That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed. Legal Activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $1,044,173,000, of which not to exceed $20,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided , That of the amount provided for INTERPOL Washington dues payments, not to exceed $685,000 shall remain available until expended: Provided further , That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further , That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal Division for official reception and representation expenses: Provided further , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to Salaries and Expenses, General Legal Activities from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 52 U.S.C. 10305 ) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further , That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $21,738,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended. SALARIES AND EXPENSES, ANTITRUST DIVISION For expenses necessary for the enforcement of antitrust and kindred laws, $201,176,000, to remain available until expended: Provided , That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $138,000,000 in fiscal year 2022), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2022, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at $63,176,000. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,459,286,000: Provided , That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further , That not to exceed $25,000,000 shall remain available until expended: Provided further , That each United States Attorney shall establish or participate in a task force on human trafficking. UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee Program, as authorized, $246,593,000, to remain available until expended: Provided , That, notwithstanding any other provision of law, deposits to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further , That, notwithstanding any other provision of law, fees deposited into the Fund pursuant to section 589a(b) of title 28, United States Code (as limited by section 1004(b) of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115–72 )), shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further , That to the extent that fees deposited into the Fund in fiscal year 2022, net of amounts necessary to pay refunds due depositors, exceed $246,593,000, those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further , That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2022, net of amounts necessary to pay refunds due depositors, (estimated at $413,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at $0. SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,434,000. FEES AND EXPENSES OF WITNESSES For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $25,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided , That amounts made available under this heading may not be transferred pursuant to section 205 of this Act. SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Community Relations Service, $24,000,000: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States Marshals Service SALARIES AND EXPENSES For necessary expenses of the United States Marshals Service, $1,640,550,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $25,000,000 shall remain available until expended. CONSTRUCTION For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $15,000,000, to remain available until expended. FEDERAL PRISONER DETENTION For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,134,015,000, to remain available until expended: Provided , That not to exceed $20,000,000 shall be considered funds appropriated for State and local law enforcement assistance pursuant to section 4013(b) of title 18, United States Code: Provided further , That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System. National Security Division SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses necessary to carry out the activities of the National Security Division, $123,093,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency Law Enforcement INTERAGENCY CRIME AND DRUG ENFORCEMENT For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Provided , That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. Federal Bureau of Investigation SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $10,257,446,000, of which not to exceed $216,900,000 shall remain available until expended: Provided , That not to exceed $284,000 shall be available for official reception and representation expenses. CONSTRUCTION For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $632,000,000, to remain available until expended. Drug Enforcement Administration SALARIES AND EXPENSES For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,448,522,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided , That, notwithstanding section 3672 of Public Law 106–310 , up to $10,000,000 may be used to reimburse States, units of local government, Indian Tribal Governments, other public entities, and multi-jurisdictional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories, conversion and extraction operations, tableting operations, or laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment. Bureau of Alcohol, Tobacco, Firearms and Explosives SALARIES AND EXPENSES For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,544,461,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until expended: Provided , That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments. Federal Prison System SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $7,939,626,000: Provided , That not less than $409,483,000 shall be for the programs and activities authorized by the First Step Act of 2018 ( Public Law 115–391 ): Provided further , That, notwithstanding any other provision of law, the amounts appropriated to implement title I of the First Step Act of 2018 ( Public Law 115–391 ) for recidivism reduction shall be available only for that purpose: Provided further , That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further , That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further , That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further , That not to exceed $50,000,000 shall remain available until expended for necessary operations: Provided further , That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further , That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. BUILDINGS AND FACILITIES For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $351,000,000, to remain available until expended, of which $176,000,000 shall be available only for costs related to construction of new facilities: Provided , That labor of United States prisoners may be used for work performed under this appropriation. FEDERAL PRISON INDUSTRIES, INCORPORATED The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and Local Law Enforcement Activities Office on Violence Against Women VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ) ( the 1974 Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ) ( the 2000 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Justice for Victims of Trafficking Act of 2015 ( Public Law 114–22 ) ( the 2015 Act ); and the Abolish Human Trafficking Act ( Public Law 115–392 ); and for related victims services, $760,000,000, to remain available until expended, of which $435,000,000 shall be derived by transfer from amounts available for obligation in this Act from the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 ( 34 U.S.C. 20101 ), notwithstanding section 1402(d) of such Act of 1984, and merged with the amounts otherwise made available under this heading: Provided , That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further , That of the amount provided— (1) $250,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $65,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, and statistics of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (4) $23,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence, of which $5,000,000 is to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided , That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further , That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $70,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative and up to $8,000,000 is for a domestic violence lethality reduction initiative; (6) $100,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $50,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $40,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act and notwithstanding the restrictions of section 304(a)(2) of such Act, of which $20,000,000 is for grants to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal colleges; (9) $55,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $10,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $25,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided , That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $15,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided , That such funds may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $5,500,000 is for grants to assist Tribal Governments in exercising special domestic violence criminal jurisdiction, as authorized by section 904 of the 2013 Act: Provided , That the grant conditions in section 40002(b) of the 1994 Act shall apply to this program; (17) $1,500,000 is for the purposes authorized under the 2015 Act; (18) $11,000,000 is for a grant program to support restorative justice responses to domestic violence, dating violence, sexual assault, and stalking, including evaluations of those responses: Provided , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (19) $5,000,000 is for a National Deaf Services Line to provide remote services to Deaf victims of domestic violence, dating violence, sexual assault, and stalking: Provided , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line; (20) $20,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; (21) $6,000,000 is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; and (22) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United States Attorneys: Provided , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative. Office of Justice Programs RESEARCH, EVALUATION AND STATISTICS For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Missing Children's Assistance Act ( 34 U.S.C. 11291 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ) ( the PROTECT Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); subtitle C of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ) ( PREA ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ); the First Step Act of 2018 ( Public Law 115–391 ); and other programs, $86,000,000, to remain available until expended, of which— (1) $45,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; and (2) $41,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activities authorized by or consistent with the First Step Act of 2018, of which $10,000,000 is for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention; $1,000,000 is for research to study the root causes of school violence to include the impact and effectiveness of grants made under the STOP School Violence Act; $1,500,000 is for a feasibility study to create a system to monitor abuse in youth-serving organizations; $4,000,000 is for the research, design, and testing of a scalable national model to reduce incarceration rates for minor probation and parole violations; and $8,000,000 is for evaluations of programs and activities related to Public Law 115–391 . STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( Public Law 90–351 ) ( the 1968 Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Trafficking Victims Protection Reauthorization Act of 2005 ( Public Law 109–164 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); subtitle C of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) ( CARA ); the Justice for All Reauthorization Act of 2016 ( Public Law 114–324 ); Kevin and Avonte’s Law (division Q of Public Law 115–141 ) ( Kevin and Avonte’s Law ); the Keep Young Athletes Safe Act of 2018 (title III of division S of Public Law 115–141 ) ( the Keep Young Athletes Safe Act ); the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141 ) ( the STOP School Violence Act ); the Fix NICS Act of 2018 (title VI of division S of Public Law 115–141 ); the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( Public Law 115–185 ); the SUPPORT for Patients and Communities Act ( Public Law 115–271 ); the Second Chance Reauthorization Act of 2018 ( Public Law 115–391 ); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ( Public Law 111–84 ); the Ashanti Alert Act of 2018 ( Public Law 115–401 ); the Missing Persons and Unidentified Remains Act of 2019 ( Public Law 116–277 ); the Jabara-Heyer NO HATE Act ( 34 U.S.C. 30507 ) and other programs, $2,098,783,000, to remain available until expended as follows— (1) $640,283,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $13,000,000 is for an Officer Robert Wilson III memorial initiative on Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $7,000,000 is for an initiative to support evidence-based policing; (C) $7,000,000 is for an initiative to enhance prosecutorial decision-making; (D) $5,000,000 is for the operation, maintenance, and expansion of the National Missing and Unidentified Persons System; (E) $10,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities; (F) $5,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315 ; (G) $15,500,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); (H) $3,000,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte's Law; (I) $20,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 ( Public Law 115–185 ); (J) $12,000,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 , and for grants for wrongful conviction review; (K) $3,000,000 is for a national center on restorative justice; (L) $1,000,000 is for the purposes of the Ashanti Alert Network as authorized under the Ashanti Alert Act of 2018 ( Public Law 115–401 ); (M) $3,500,000 is for a grant program to replicate family-based alternative sentencing pilot programs; (N) $4,000,000 is for a grant program to support child advocacy training in post-secondary education; (O) $10,000,000 is for a rural violent crime initiative, including assistance for law enforcement; (P) $5,000,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 ( Public Law 116–277 ); (Q) $4,000,000 is for the establishment of a national drug data research center to combat opioid abuse; (R) $2,000,000 is for grants to accredited institutions of higher education to support forensic ballistics programs; and (S) $93,399,000 is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be used for the projects, and in the amounts, specified under the heading, Byrne Discretionary Grants , in the explanatory statement accompanying this Act: Provided , That such amounts may not be transferred for any other purpose; (2) $90,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386 , for programs authorized under Public Law 109–164 , or programs authorized under Public Law 113–4 ; (3) $13,000,000 for economic, high technology, white collar, and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 , of which not less than $2,500,000 is for competitive grants that help State and local law enforcement tackle intellectual property thefts, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute training modules for law enforcement; (4) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (5) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title I of the 1968 Act: Provided , That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing, and evaluation programs; (6) $1,000,000 for the National Sex Offender Public Website; (7) $125,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ) and Fix NICS Act of 2018; (8) $35,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (9) $151,000,000 for DNA-related and forensic programs and activities, of which— (A) $120,000,000 is for the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( Public Law 106–546 ) (the Debbie Smith DNA Backlog Grant Program): Provided , That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program ( Public Law 108–405 , section 303); (B) $15,000,000 for other local, State, and Federal forensic activities; (C) $12,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program ( Public Law 108–405 , section 412); and (D) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405 ; (10) $60,000,000 for community-based grant programs to improve the response to sexual assault, including assistance for investigation and prosecution of related cold cases; (11) $14,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (12) $50,000,000 for assistance to Indian Tribes; (13) $125,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 ) and by the Second Chance Reauthorization Act of 2018 ( Public Law 115–391 ), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed $8,000,000 is for a program to improve State, local, and Tribal probation or parole supervision efforts and strategies; $5,000,000 is for children of incarcerated parents demonstration programs to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy; and $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall be used for a project that provides training, technical assistance, and best practices: Provided , That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model and reentry housing; (14) $447,000,000 for comprehensive opioid abuse reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance abuse reduction consistent with underlying program authorities— (A) $100,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $42,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); (C) $40,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (D) $40,000,000 for a veterans treatment courts program; (E) $35,000,000 for a program to monitor prescription drugs and scheduled listed chemical products; and (F) $190,000,000 for a comprehensive opioid, stimulant, and substance abuse program; (15) $2,500,000 for a competitive grant program authorized by the Keep Young Athletes Safe Act; (16) $82,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes authorized under the STOP School Violence Act; (17) $3,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses, involving civil rights, authorized by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 ( Public Law 114–325 ); (18) $10,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes, as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ( Public Law 111–84 ); (19) $95,000,000 for initiatives to improve police-community relations, of which $35,000,000 is for a competitive matching grant program for purchases of body-worn cameras for State, local, and Tribal law enforcement; $35,000,000 is for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; and $25,000,000 is for an Edward Byrne Memorial criminal justice innovation program; (20) $5,000,000 for programs authorized under the Jabara-Heyer NO HATE Act ( 34 U.S.C. 30507 ); and (21) $100,000,000 for a community violence intervention and prevention initiative: Provided , That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service: Provided further , That in the spending plan submitted pursuant to section 528 of this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of competitive grant programs for fiscal year 2022, including changes to applicant eligibility, priority areas or weightings, and the application review process. JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Missing Children's Assistance Act ( 34 U.S.C. 11291 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Justice for All Reauthorization Act of 2016 ( Public Law 114–324 ); the Missing Children’s Assistance Act of 2018 ( Public Law 115–267 ); the Juvenile Justice Reform Act of 2018 ( Public Law 115–385 ); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473 ) ( the 1984 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ); and other juvenile justice programs, $473,000,000, to remain available until expended as follows— (1) $80,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided , That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local, and Tribal juvenile justice residential facilities; (2) $110,000,000 for youth mentoring grants; (3) $68,000,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $6,000,000 shall be for grants to prevent trafficking of girls; (B) $20,000,000 shall be for the Tribal Youth Program; (C) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; (D) $10,000,000 shall be for competitive programs focusing on girls in the juvenile justice system; (E) $16,000,000 shall be for an initiative relating to youth affected by opioids, stimulants, and other substance abuse; and (F) $10,000,000 shall be for an initiative relating to children exposed to violence; (4) $45,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $110,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 ) shall not apply for purposes of this Act); (6) $5,000,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; (7) $5,000,000 for a program to improve juvenile indigent defense; and (8) $50,000,000 for an initiative relating to alternatives to youth incarceration: Provided , That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further , That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (6) may be used for training and technical assistance: Provided further , That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs. PUBLIC SAFETY OFFICER BENEFITS (INCLUDING TRANSFER OF FUNDS) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to Public Safety Officer Benefits from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community Oriented Policing Services COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the American Law Enforcement Heroes Act of 2017 ( Public Law 115–37 ); the Law Enforcement Mental Health and Wellness Act ( Public Law 115–113 ) ( the LEMHW Act ); the SUPPORT for Patients and Communities Act ( Public Law 115–271 ); and the Supporting and Treating Officers In Crisis Act of 2019 ( Public Law 116–32 ) ( the STOIC Act ), $475,717,000, to remain available until expended: Provided , That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further , That of the amount provided under this heading— (1) $248,000,000 is for grants under section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided , That, notwithstanding section 1704(c) of such title ( 34 U.S.C. 10384(c) ), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further , That within the amounts appropriated under this paragraph, $40,000,000 is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and anti-opioid activities: Provided further , That of the amounts appropriated under this paragraph $44,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with Research, Evaluation, and Statistics for administration by the Office of Justice Programs: Provided further , That within the amounts appropriated under this paragraph, no less than $3,000,000 is to support the Tribal Access Program: Provided further , That within the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental health program activities, and other support services as authorized under the LEMHW Act and STOIC Act: Provided further , That within the amounts appropriated under this paragraph, $10,000,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ); (2) $11,000,000 is for activities authorized by the POLICE Act of 2016 ( Public Law 114–199 ); (3) $16,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided , That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers; (4) $35,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided , That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration; (5) $53,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141 ); (6) $50,000,000 is for community policing development activities in furtherance of section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ); and (7) $62,717,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment, which shall be used for the projects, and in the amounts, specified under the heading, COPS Law Enforcement Technology , in the explanatory statement accompanying this Act: Provided , That such amounts may not be transferred for any other purpose. General Provisions—Department of Justice (INCLUDING TRANSFER OF FUNDS) 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided , That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement accompanying this Act, and to any use of deobligated balances of funds provided under this title in previous years. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics , State and Local Law Enforcement Assistance , and Juvenile Justice Programs — (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2019 through 2022 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10631 et seq. ), the requirements under section 2976(g)(1) of such part ( 34 U.S.C. 10631(g)(1) ). (2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30305(c)(3) ), the requirements of section 6(c)(3) of such Act. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12109(a) ) shall not apply to amounts made available by this or any other Act. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2022, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2022, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2022, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year. 218. Notwithstanding any other provision of law, in fiscal year 2022, excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, may be used for a body-worn camera program for State, local, territorial, and Tribal law enforcement personnel participating on Department of Justice task forces, and amounts available in the Department of Justice Working Capital Fund (under sections 527 and 527 (note) of title 28, United States Code), may be used for a body-worn camera program for Department of Justice personnel participating in Department of Justice task forces: Provided , That the amounts provided by this section are the only amounts made available to the Department of Justice task force body-worn camera programs in fiscal year 2022: Provided further , That no amounts may be obligated until a plan for a body-worm camera program for Department of Justice task forces, including a full programmatic analysis of the original pilot program and resource requirements and site locations for continuation and expansion of the pilot for each of the next five fiscal years is submitted to the Committee on Appropriations of the House of Representatives and Senate: Provided further , That such amounts may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. 219. The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2021. This title may be cited as the Department of Justice Appropriations Act, 2022 . III SCIENCE Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $6,652,000. National space council For necessary expenses of the National Space Council, in carrying out the purposes of title V of Public Law 100–685 and Executive Order No. 13803, hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, $1,965,000: Provided , That notwithstanding any other provision of law, the National Space Council may accept personnel support from Federal agencies, departments, and offices, and such Federal agencies, departments, and offices may detail staff without reimbursement to the National Space Council for purposes provided herein. National aeronautics and space administration SCIENCE For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,901,400,000 to remain available until September 30, 2023: Provided , That, $2,230,000,000 shall be for Earth Science; $3,161,000,000 shall be for Planetary Science; $1,400,200,000 shall be for Astrophysics; $175,400,000 shall be for the James Webb Space Telescope; $825,700,000 shall be for Heliophysics, and $109,100,000 shall be for Biological and Physical Science. AERONAUTICS For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $940,000,000, to remain available until September 30, 2023. SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $1,250,000,000, to remain available until September 30, 2023: Provided , That $227,000,000 shall be for RESTORE–L/SPace Infrastructure DExterous Robot: Provided further , That $110,000,000 shall be for the development, production, and demonstration of a nuclear thermal propulsion system, of which $80,000,000 shall be for the design of a flight demonstration system: Provided further , That, not later than 180 days after the enactment of this Act, the National Aeronautics and Space Administration shall provide a plan for the design of a flight demonstration. EXPLORATION For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $6,960,200,000, to remain available until September 30, 2023: Provided , That not less than $1,426,700,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further , That not less than $2,487,000,000 shall be for the Space Launch System (SLS) launch vehicle, which shall have a lift capability not less than 130 metric tons and which shall have core elements and an Exploration Upper Stage developed simultaneously to be used to the maximum extent practicable, including for Earth to Moon missions and Moon landings: Provided further , That of the amounts provided for SLS, not less than $579,000,000 shall be for SLS Block 1B development including the Exploration Upper Stage and associated systems including related facilitization, to support an SLS Block 1B mission available to launch in 2025 in addition to the planned Block 1 missions for Artemis 1 through Artemis 3: Provided further , That $690,000,000 shall be for Exploration Ground Systems and associated Block 1B activities, including $165,300,000 for a second mobile launch platform: Provided further , That the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associated ground systems that will ensure a crewed launch as early as possible, as well as a system-based funding profile for a sustained launch cadence that contemplates the use of an SLS Block 1B cargo variant and associated ground systems: Provided further , That $2,356,500,000 shall be for exploration research and development: Provided further , That acquisition of human-rated deep space exploration lunar transportation and habitation capabilities, human-rated lunar terrain mobility capabilities, exploration mission rated suits, lunar communications and navigation capabilities, and their associated components, may be funded incrementally in fiscal year 2022 and thereafter. SPACE OPERATIONS For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,128,236,000, to remain available until September 30, 2023. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $147,000,000, to remain available until September 30, 2023, of which $26,000,000 shall be for the Established Program to Stimulate Competitive Research and $57,000,000 shall be for the National Space Grant College and Fellowship Program. SAFETY, SECURITY AND MISSION SERVICES For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,064,200,000, to remain available until September 30, 2023: Provided , That if available balances in the Science, Space, and Technology Education Trust Fund are not sufficient to provide for the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 ( Public Law 100–404 ) as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 ( Public Law 103–327 ) up to $1,000,000 shall be available from amounts made available under this heading to make such grant disbursements: Provided further , That of the amount made available under this heading, $19,455,000 shall be for the projects and activities, and in the amounts, specified in the table that appears under the heading NASA Special Projects in the explanatory statement accompanying this Act: Provided further , That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose. CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $390,300,000, to remain available until September 30, 2027: Provided , That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further , That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2022 in an amount not to exceed $20,000,000: Provided further , That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $46,000,000, of which $500,000 shall remain available until September 30, 2023. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any funds transferred to Construction and Environmental Compliance and Restoration for construction activities shall not increase that account by more than 20 percent. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2022 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Of the amounts provided for Orion Multi-purpose Crew Vehicle, up to $799,300,000 may be transferred to Space Operations for Orion Production and Operations consistent with direction provided in the explanatory statement accompanying this Act. The authority provided by this paragraph is in addition to the authority provided by the second paragraph under this heading. Not more than 20 percent or $25,000,000, whichever is less, of the amounts made available in the current-year CECR appropriation may be applied to CECR projects funded under previous years’ CECR appropriation Acts. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this act and shall not be available for obligation except in compliance with the procedures set forth in that section. National science foundation RESEARCH AND RELATED ACTIVITIES For necessary expenses in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $7,667,099,000, to remain available until September 30, 2023, of which not to exceed $544,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided , That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including authorized travel, $249,000,000, to remain available until expended. EDUCATION AND HUMAN RESOURCES For necessary expenses in carrying out science, mathematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $1,100,000,000, to remain available until September 30, 2023. AGENCY OPERATIONS AND AWARD MANAGEMENT For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $445,640,000: Provided , That not to exceed $8,280 is for official reception and representation expenses: Provided further , That contracts may be entered into under this heading in fiscal year 2022 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ) and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ), $4,600,000: Provided , That not to exceed $2,500 shall be available for official reception and representation expenses. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $20,420,000, of which $400,000 shall remain available until September 30, 2023. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000. This title may be cited as the Science Appropriations Act, 2022 . IV RELATED AGENCIES Commission on Civil Rights SALARIES AND EXPENSES For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $13,000,000: Provided , That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further , That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further , That the Chair may accept and use any gift or donation to carry out the work of the Commission: Provided further , That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a ): Provided further , That notwithstanding the preceding proviso, $1,000,000 shall be used to separately fund the Commission on the Social Status of Black Men and Boys. Equal Employment Opportunity Commission SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 ( Public Law 110–233 ), the ADA Amendments Act of 2008 ( Public Law 110–325 ), and the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $31,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $424,933,000: Provided , That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further , That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further , That the Chair may accept and use any gift or donation to carry out the work of the Commission. International Trade Commission SALARIES AND EXPENSES For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $118,800,000, to remain available until expended. Legal Services Corporation PAYMENT TO THE LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $515,000,000, of which $473,500,000 is for basic field programs and required independent audits; $5,500,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $24,000,000 is for management and grants oversight; $5,000,000 is for client self-help and information technology; $5,000,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repayment assistance: Provided , That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act ( 42 U.S.C. 2996d(d) ): Provided further , That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further , That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2021 and 2022, respectively. Section 501 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 ( Public Law 105–119 ) is amended by adding the following new subsection at the end: (d) Modified governing body requirement For purposes of this Act, section 1007(c) of the Legal Services Corporation Act ( 42 U.S.C. 2996f(c) ) shall be applied by substituting 33 percent for 60 percent . . Section 502(2) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 ( Public Law 104–134 ) is amended by striking subparagraph (B) in its entirety and replacing it with the following: (B) is governed by a board of directors or other governing body, 33 percent of which is comprised of attorneys who are members of the bar of a State, as defined in section 1002(8) of the Legal Services Corporation Act ( 42 U.S.C. 2996a(8) ),in which the legal assistance is to be provided; . Marine Mammal Commission SALARIES AND EXPENSES For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), $4,200,000. Office of the United States Trade Representative SALARIES AND EXPENSES For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $58,000,000, of which $1,000,000 shall remain available until expended: Provided , That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses. TRADE ENFORCEMENT TRUST FUND (INCLUDING TRANSFER OF FUNDS) For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4405 ), including transfers, $15,000,000, to be derived from the Trade Enforcement Trust Fund: Provided , That any transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act. State Justice Institute SALARIES AND EXPENSES For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 ( 42 U.S.C. 10701 et seq. ) $7,600,000, of which $600,000 shall remain available until September 30, 2023: Provided , That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further , That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. Commission on the State of U.S. Olympics and Paralympics SALARIES AND EXPENSES For necessary expenses of the Commission on the State of U.S. Olympics and Paralympics, as authorized by section 11 of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 ( Public Law 116–189 ), $2,000,000, to remain available until September 30, 2023. V GENERAL PROVISIONS (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 ( 34 U.S.C. 20101 ) in any fiscal year in excess of $2,650,000,000 shall not be available for obligation until the following fiscal year: Provided , That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall be transferred to the Department of Justice Office of Inspector General and remain available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the requirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems unless the agency has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 516. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement. 517. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 519. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for fiscal year 2022. 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (RESCISSIONS) 521. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2021, from the following accounts in the specified amounts Economic Development Administration, Economic Development Assistance Programs , $15,000,000; and (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2022, from the following accounts in the specified amounts— (1) Working Capital Fund , $200,813,000; (2) Federal Prison System, Buildings and Facilities , $520,000,000; (3) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs , $15,000,000; (4) State and Local Law Enforcement Activities, Office of Justice Programs , $90,000,000; (5) State and Local Law Enforcement Activities, Community Oriented Policing Services , $15,000,000; and (6) Legal Activities, Assets Forfeiture Fund , $100,000,000. (c) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2022, specifying the amount of each rescission made pursuant to subsections (a) and (b). (d) The amounts rescinded in subsections (a) and (b) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 522. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 523. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— (1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination. 524. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 525. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation. 526. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 527. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. 528. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act. 529. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. 530. None of the funds made available by this Act may be used in contravention of section 7606 ( Legitimacy of Industrial Hemp Research ) of the Agricultural Act of 2014 ( Public Law 113–79 ) by the Department of Justice or the Drug Enforcement Administration. 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. 533. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 ) shall be allocated for assistance in persistent poverty counties: Provided , That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States. 534. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 535. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition. 536. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 537. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3042is/xml/BILLS-117s3042is.xml
|
117-s-3043
|
II 117th CONGRESS 1st Session S. 3043 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.
1. Short title This Act may be cited as the Protecting Student Athletes from Concussions Act of 2021 . 2. Minimum State requirements (a) Minimum requirements Each State that receives funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) and does not meet the requirements described in this section, as of the date of enactment of this Act, shall, not later than the last day of the fifth full fiscal year after the date of enactment of this Act (referred to in this Act as the compliance deadline ), enact legislation or issue regulations establishing the following minimum requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that— (A) educates students, parents, and school personnel about concussions, through activities such as— (i) training school personnel, including coaches, teachers, athletic trainers, related services personnel, and school nurses, on concussion safety and management, including training on the prevention, recognition, and academic consequences of concussions and response to concussions; and (ii) using, maintaining, and disseminating to students and parents— (I) release forms and other appropriate forms for reporting and record keeping; (II) treatment plans; and (III) prevention and post-injury observation and monitoring fact sheets about concussion; (B) encourages supports, where feasible, for a student recovering from a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), such as— (i) guiding the student in resuming participation in athletic activity and academic activities with the help of a multi-disciplinary concussion management team, which may include— (I) a health care professional, the parents of such student, a school nurse, relevant related services personnel, and other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; and (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on the student; and (C) encourages the use of best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as— (i) disseminating information on concussion safety and management to the public; and (ii) applying uniform best practice standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions Each public elementary school and each public secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include information on— (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include information on— (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion If an individual designated from among school personnel for purposes of this Act, one of whom must be in attendance at every school-sponsored activity, suspects that a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity)— (A) the student shall be— (i) immediately removed from participation in a school-sponsored athletic activity; and (ii) prohibited from returning to participate in a school-sponsored athletic activity on the day that student is removed from such participation; and (B) the designated individual shall report to the parent or guardian of such student— (i) any information that the designated school employee is aware of regarding the date, time, and type of the injury suffered by such student (regardless of where, when, or how a concussion may have occurred); and (ii) any actions taken to treat such student. (4) Return to athletics If a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), before such student resumes participation in school-sponsored athletic activities, the school shall receive a written release from a health care professional, that— (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. (b) Noncompliance (1) First year If a State described in subsection (a) fails to comply with subsection (a) by the compliance deadline, the Secretary of Education shall reduce by 5 percent the amount of funds the State receives under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) for the first fiscal year following the compliance deadline. (2) Succeeding years If the State fails to so comply by the last day of any fiscal year following the compliance deadline, the Secretary of Education shall reduce by 10 percent the amount of funds the State receives under that Act for the following fiscal year. (3) Notification of noncompliance Prior to reducing any funds that a State receives under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) in accordance with this subsection, the Secretary of Education shall provide a written notification of the intended reduction of funds to the State and to the appropriate committees of Congress. 3. Rule of Construction Nothing in this Act shall be construed to affect civil or criminal liability under Federal or State law. 4. Definitions In this Act: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; or (III) loss of consciousness lasting less than 30 minutes; or (ii) any 1 of 4 types of symptoms, including— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) can occur— (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional The term health care professional — (A) means an individual who has been trained in diagnosis and management of concussion in a pediatric population; and (B) is registered, licensed, certified, or otherwise statutorily recognized by the State to provide such diagnosis and management. (3) Local educational agency; State The terms local educational agency and State have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Related Services Personnel The term related services personnel means individuals who provide related services, as defined under section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (5) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; (C) any extra-curricular sports team, club, or league organized by a school on or off school grounds; and (D) any recess activity.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3043is/xml/BILLS-117s3043is.xml
|
117-s-3044
|
II 117th CONGRESS 1st Session S. 3044 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit and to increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients.
1. Short title This Act may be cited as the Work Opportunity Tax Credit Disability Expansion and Enhancement Act . 2. Expansion of work opportunity credit to include individuals receiving Social Security Disability Insurance benefits (a) In general Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) in subparagraph (I), by striking or at the end, (B) in subparagraph (J), by striking the period at the end and inserting , or , and (C) by adding at the end the following new subparagraph: (K) a qualified SSDI recipient. , and (2) by adding at the end the following new paragraph: (16) Qualified SSDI recipient The term qualified SSDI recipient means any individual who is certified by the designated local agency as receiving disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) for any month ending within the 60-day period ending on the hiring date. . (b) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. 3. Enhancement of Work Opportunity Credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients (a) In general Section 51 of the Internal Revenue Code of 1986 is amended— (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and (2) by inserting after subsection (e) the following new subsection: (f) Credit for second-Year wages for employment of vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients (1) In general With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient— (A) the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and (B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. (2) Qualified second-year wages For purposes of this subsection, the term qualified second-year wages means qualified wages— (A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and (B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such referral or recipient determined under subsection (b)(2). (3) Special rules for agricultural and railway labor If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that— (A) such subparagraph (A) shall be applied by substituting $12,500 for $6,000 , and (B) such subparagraph (B) shall be applied by substituting $1041.67 for $500 . . (b) Conforming amendments (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended— (A) in subsection (c)(1), by striking subsection (h)(2) and inserting subsection (i)(2) , (B) in subsection (e)(3), by striking subsection (h)(1) and inserting subsection (i)(1) , and (C) in subsection (g)(2), by striking subsection (h)(1) and inserting subsection (i)(1) . (2) Section 45A of such Code is amended— (A) in subsection (b)(1)(B), by inserting or (f)(1)(A) after subsection (e)(1)(A) , (B) in subsection (c)(5)(A), by striking section 51(i)(1) and inserting section 51(j)(1) , and (C) in subsection (e)(3), by striking section 51(k) and inserting section 51(l) . (3) Section 45S(h)(2) of such Code is amended by striking section 51(j) and inserting section 51(k) . (4) Section 1396(d)(2)(A) of such Code is amended by striking section 51(i)(1) and inserting section 51(j)(1) . (5) Section 1397(c) of such Code is amended by striking section 51(k) and inserting section 51(l) . (6) Section 3111(e)(3)(B) of such Code is amended by striking subsection (i)(3)(A) and inserting subsection (j)(3)(A) . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3044is/xml/BILLS-117s3044is.xml
|
117-s-3045
|
II 117th CONGRESS 1st Session S. 3045 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Transportation Office of the Secretary SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $140,948,000, of which not to exceed $3,513,000 shall be available for the immediate Office of the Secretary; not to exceed $1,254,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $25,352,000 shall be available for the Office of the General Counsel; not to exceed $14,069,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $18,291,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $3,791,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $34,899,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $3,095,000 shall be available for the Office of Public Affairs; not to exceed $2,116,000 shall be available for the Office of the Executive Secretariat; not to exceed $14,821,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $19,747,000 shall be available for the Office of the Chief Information Officer: Provided , That the Secretary of Transportation (referred to in this title as the Secretary ) is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further , That no appropriation for any office shall be increased or decreased by more than 7 percent by all such transfers: Provided further , That notice of any change in funding greater than 7 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further , That not to exceed $70,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further , That notwithstanding any other provision of law, there may be credited to this appropriation up to $2,500,000 in funds received in user fees: Provided further , That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs. RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $48,363,000, of which $44,718,000 shall remain available until expended: Provided , That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training: Provided further , That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. NATIONAL INFRASTRUCTURE INVESTMENTS (INCLUDING TRANSFER OF FUNDS) For capital investments in surface transportation infrastructure, $1,090,000,000 to remain available until September 30, 2025: Provided , That the Secretary shall distribute amounts made available under this heading as discretionary grants to be awarded to a State, local or tribal government, U.S. territory, transit agency, port authority, metropolitan planning organization, political subdivision of a State or local government, or a collaboration among such entities on a competitive basis for projects that will have a significant local or regional impact: Provided further , That projects eligible for amounts made available under this heading shall include, but not be limited to, highway or bridge projects eligible under title 23, United States Code; public transportation projects eligible under chapter 53 of title 49, United States Code; passenger and freight rail transportation projects; port infrastructure investments (including inland port infrastructure and land ports of entry); and projects investing in surface transportation facilities that are located on tribal land and for which title or maintenance responsibility is vested in the Federal Government: Provided further , That of the amount made available under this heading, the Secretary shall use an amount not more than $35,000,000 for competitive grants or cooperative agreements to develop and implement technical assistance, capacity building, planning, preparation or design of projects eligible for amounts made available under this heading, of which not less than $15,000,000 is for projects eligible for amounts made available under this heading located in or to directly benefit areas of persistent poverty or disadvantaged communities as defined in section 193 of this Act: Provided further , That grants awarded under the preceding proviso shall not be subject to a minimum grant size: Provided further , That the Secretary may use up to 20 percent of the amounts made available under this heading for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, or sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ), if the Secretary finds that such use of the funds would advance the purposes of this heading: Provided further , That in distributing amounts made available under this heading, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, including tribal areas, and the investment in a variety of transportation modes: Provided further , That a grant award under this heading shall be not less than $5,000,000 and not greater than $30,000,000: Provided further , That not more than 10 percent of the amounts made available under this heading may be awarded to projects in a single State: Provided further , That the Federal share of the costs for which an amount is provided under this heading shall be, at the option of the recipient, up to 80 percent: Provided further , That the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package: Provided further , That an award under this heading is an urban award if it is to a project located within or on the boundary of an Urbanized Area (UA), as designated by the Bureau of the Census, that had a population greater than 200,000 in the 2010 decennial census: Provided further , That for the purpose of determining if an award for planning, preparation or design is an urban award, the project location is the location of the project being planned, prepared or designed: Provided further , That each award under this heading that is not an urban award is a rural award: Provided further , That of the amounts awarded under this heading, not more than 50 percent shall be awarded as urban awards and rural awards, respectively: Provided further , That for rural awards, the minimum grant size shall be $1,000,000: Provided further , That for rural awards, and awards to areas of persistent poverty or disadvantaged communities, the Secretary may increase the Federal share of costs above 80 percent: Provided further , That projects conducted using amounts made available under this heading shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further , That the Secretary shall conduct a new competition to select the grants and credit assistance awarded under this heading: Provided further , That the Secretary may retain up to $20,000,000 of the amounts made available under this heading, and may transfer portions of such amounts to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration to fund the award and oversight of grants and credit assistance made under the National Infrastructure Investments program: Provided further , That none of the amounts made available in the preceding proviso may be used to hire additional personnel: Provided further , That the Secretary shall consider and award projects based solely on the selection criteria from the fiscal year 2017 Notice of Funding Opportunity: Provided further , That, notwithstanding the preceding proviso, the Secretary shall not use the Federal share or an applicant’s ability to generate non-Federal revenue as a selection criteria in awarding projects: Provided further , That the Secretary shall issue the Notice of Funding Opportunity no later than 120 days after enactment of this Act: Provided further , That such Notice of Funding Opportunity shall require application submissions 90 days after the publishing of such Notice: Provided further , That of the applications submitted under the preceding two provisos, the Secretary shall make grants no later than 330 days after enactment of this Act in such amounts that the Secretary determines. BUILDING RESILIENT INFRASTRUCTURE THROUGH INNOVATIVE SOLUTIONS (INCLUDING TRANSFER OF FUNDS) For capital investments to improve the resilience of coastal transportation infrastructure vulnerable to current and future weather events and natural disasters, including sea level rise, coastal erosion, extreme weather, earthquakes, flooding, and permafrost thaw, $300,000,000, to remain available until expended: Provided , That the Secretary shall distribute amounts made available under this heading as competitive grants to be awarded to a State, local or tribal government, territory, transit agency, port authority, metropolitan planning organization, political subdivision of a State or local government, or a collaboration among such entities or in partnership with a university or university transportation center: Provided further , That the Secretary shall prioritize grant awards for: (1) coastal infrastructure projects to address long-term risk of sea level rise; (2) projects located in geographically isolated areas with limited alternatives for the movement of freight and people; and (3) projects that use innovative solutions to improve resiliency, including, but not limited to, the use of innovative materials, nature-based solutions, and other innovative solutions developed through research conducted at university transportation centers: Provided further , That projects eligible for amounts made available under this heading shall include, but not be limited to, highway or bridge projects eligible under title 23, United States Code; public transportation projects eligible under chapter 53 of title 49, United States Code; airport projects; passenger and freight rail transportation projects; port infrastructure investments (including inland port infrastructure and land ports of entry); projects investing in surface transportation facilities that are located on tribal land and for which title or maintenance responsibility is vested in the Federal Government; and projects constructing, improving, or rehabilitating infrastructure that has the primary purpose of protecting transportation infrastructure: Provided further , That of the amount made available under this heading, the Secretary may use not more than $10,000,000 for the planning, preparation or design of projects eligible for amounts made available under this heading: Provided further , That of the amounts awarded under this heading, not less than 25 percent shall be awarded as rural awards, as defined under the National Infrastructure Investments heading in this Act: Provided further , That of the amounts awarded under this heading, not less than 10 percent may be awarded for projects that directly benefit areas of persistent poverty and disadvantaged communities as defined under section 193 of this Act: Provided further , That for rural awards, awards to areas of persistent poverty, or to disadvantaged communities, the Secretary may increase the Federal share of costs above 80 percent: Provided further , That projects conducted using amounts made available under this heading shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further , That the Secretary shall apply to projects under this heading the Federal requirements that the Secretary determines are appropriate based on the purpose of the building resilient infrastructure through innovative solutions program, the requirements expressly stated under this heading, and the Federal requirements applicable to comparable projects supported by other Department of Transportation financial assistance programs: Provided further , That the Secretary may retain up to 2 percent of the amounts made available under this heading, and may transfer a portion of such amounts to the Administrators of the Federal Aviation Administration, Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration to fund the award and oversight of grants made under the building resilient infrastructure through innovative solutions program. SAFE AND ACCESSIBLE ROADWAYS FOR ALL (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out a safe and accessible roadways for all grant program to support local initiatives to prevent death and serious injury for all users on all public roads and streets, $50,000,000, to remain available until September 30, 2025: Provided , That funds made available under this heading may be made available to develop a comprehensive safety action plan; to conduct planning, design, development, and activities for projects and strategies identified in a comprehensive safety action plan; or to carry out infrastructure projects and strategies identified in a comprehensive safety action plan: Provided further , That the Secretary shall distribute amounts made available under this heading on a competitive basis to a State, local or tribal government, territory, political subdivision of a State or local government, metropolitan planning organization on behalf of one or more political subdivisions of a State or territory, including counties, cities, towns, and villages; a unit of local government, including a county or special district; a federally-recognized tribe or a consortium of federally-recognized tribes; or a multijurisdictional group of the entities described in this proviso: Provided further , That to be eligible for a grant from amounts made available under this heading, an entity described in the preceding proviso shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate: Provided further , That funds made available under this heading shall be prioritized to entities and projects that: (1) are shown to have the potential to reduce or eliminate transportation-related fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, motorists, and commercial operators, and any other transportation user type appropriate to the context, within the timeframe proposed by the eligible entity; (2) demonstrate engagement with a variety of public and private stakeholders, including underserved communities; (3) seek to adopt innovative technologies or strategies to promote safety; (4) employ low-cost, high-impact strategies that can improve safety over a wider geographical area; (5) ensure, or will ensure, equitable investment in the safety needs of underserved or rural communities in preventing transportation-related fatalities and injuries, including to address the safety and mobility needs of communities with elderly populations; (6) include evidence-based projects or strategies; and (7) meet other safety priorities as determined by the Secretary: Provided further , That not more than 15 percent of the funds made available under this heading may be awarded to eligible projects in a single State: Provided further , That up to 40 percent of the funds made available under this heading may be awarded to projects to develop a comprehensive safety action plan: Provided further , That not less than 25 percent of the funds made available under this heading shall be awarded as rural awards, as defined under the National Infrastructure Investments heading in this Act: Provided further , That of the amounts awarded under this heading, not less than 10 percent may be awarded for projects that directly benefit areas of persistent poverty and disadvantaged communities as defined under section 193 of this Act: Provided further , That the Federal share of the cost of an eligible project carried out using a grant provided under this heading shall not exceed 80 percent, unless the Secretary determines that a higher Federal share would be in the public interest: Provided further , That for rural awards, and awards to areas of persistent poverty or to disadvantaged communities, the Secretary may increase the Federal share of costs above 80 percent: Provided further , That projects conducted using amounts made available under this heading shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further , That the Secretary shall apply to projects under this heading the Federal requirements that the Secretary determines are appropriate based on the purpose of the safe and accessible roadways for all program, the requirements expressly stated under this heading, and the Federal requirements applicable to comparable projects supported by other Department of Transportation financial assistance programs: Provided further , That the Secretary may retain up to 2 percent of the amounts made available under this heading, and may transfer a portion of such amounts to the Administrator of the Federal Highways Administration, Federal Railroad Administration, or Federal Transit Administration to fund the award, oversight, and administrative expenses of the program. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as authorized by 49 U.S.C. 116 , $3,800,000, to remain available until expended: Provided , That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further , That such fees are available until expended to pay for such costs: Provided further , That such amounts are in addition to other amounts made available for such purposes and are not subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The Secretary is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ), as amended, such authority shall exist as long as any such direct loan or loan guarantee is outstanding. FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2023. CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, including necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced security controls on agency computers and mobile devices, $39,440,000, to remain available until September 30, 2023. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $11,564,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, $30,413,000, to remain available until expended: Provided , That of such amount, $2,000,000 shall be for necessary expenses of the Interagency Infrastructure Permitting Improvement Center (IIPIC): Provided further , That there may be transferred to this appropriation, to remain available until expended, amounts transferred from other Federal agencies for expenses incurred under this heading for IIPIC activities not related to transportation infrastructure: Provided further , That the tools and analysis developed by the IIPIC shall be available to other Federal agencies for the permitting and review of major infrastructure projects not related to transportation only to the extent that other Federal agencies provide funding to the Department in accordance with the preceding proviso: Provided further , That of the amounts made available under this heading, $7,616,000 shall be made available for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Transportation Planning, Research, and Development included in the explanatory statement accompanying this Act. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $419,173,000, shall be paid from appropriations made available to the Department of Transportation: Provided , That such services shall be provided on a competitive basis to entities within the Department of Transportation (DOT): Provided further , That the limitation in the preceding proviso on operating expenses shall not apply to non-DOT entities: Provided further , That no funds made available by this Act to an agency of the Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further , That no assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $4,977,000, to remain available until September 30, 2023: Provided , That notwithstanding section 332 of title 49, United States Code, such amounts may be used for business opportunities related to any mode of transportation: Provided further , That appropriations made available under this heading shall be available for any purpose consistent with prior year appropriations that were made available under the heading Office of the Secretary—Minority Business Resource Center Program . PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $317,700,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided , That in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers: Provided further , That basic essential air service minimum requirements shall not include the 15-passenger capacity requirement under section 41732(b)(3) of title 49, United States Code: Provided further , That amounts authorized to be distributed for the essential air service program under section 41742(b) of title 49, United States Code, shall be made available immediately from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further , That the Administrator may reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code. ELECTRIC VEHICLE FLEET (INCLUDING TRANSFER OF FUNDS) For necessary expenses to transition to the General Services Administration’s leased vehicle fleet, for the purchase of electric passenger motor vehicles, and to provide necessary charging infrastructure, $11,000,000, to remain available until expended: Provided , That such amounts made available under this heading may be transferred to other accounts of the Department of Transportation for the purposes specified under this heading: Provided further , That such transfer authority is in addition to any other transfer authority provided by law. ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION 101. None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification. 102. The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting. 103. In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU ( 5 U.S.C. 7905 note): Provided , That the Department shall maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to Government employees: Provided further , That such reserve shall not exceed 1 month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits: Provided further , That the Working Capital Fund shall be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit. 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused van pool benefits, in an amount not to exceed 10 percent of fiscal year 2022 collections, shall be available until expended in the Department’s Working Capital Fund to provide contractual services in support of section 190 of this Act: Provided , That obligations in fiscal year 2022 of such collections shall not exceed $1,000,000. 105. None of the funds in this Act may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration. 106. In addition to authority provided by section 327 of title 49, United States Code, the Department's Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided , That such notification shall include, but not be limited to, the name of the project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of credit; and the amount of credit assistance. 108. For an additional amount for Railroad Rehabilitation and Improvement Financing Program for the cost of modifications, as defined by section 502 of the Federal Credit Reform Act of 1990, of direct loans issued pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ), as amended, and included in cohort 3, as defined by the Department of Transportation’s memorandum to the Office of Management and Budget dated November 5, 2018, $10,000,000, to remain available until expended: Provided , That for a direct loan included in cohort 3, as defined in the memorandum described in the preceding proviso, that has satisfied all obligations attached to such loan, the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than 60 days after the enactment of this Act or, for a direct loan included in cohort 3 with obligations that have not yet been satisfied, not later than 60 days after the date on which all obligations attached to such loan have been satisfied. 109. Section 312(a) of title 49 United States Code, shall be modified by striking land-based, after operation of a . Federal Aviation Administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, the lease or purchase of passenger motor vehicles for replacement only, $11,434,100,000, to remain available until September 30, 2023, of which $8,434,100,000 to be derived from the Airport and Airway Trust Fund: Provided , That of the amounts made available under this heading— (1) not less than $1,536,298,000 shall be available for aviation safety activities; (2) $8,489,585,000 shall be available for air traffic organization activities; (3) $32,470,000 shall be available for commercial space transportation activities; (4) $892,216,000 shall be available for finance and management activities; (5) $63,955,000 shall be available for NextGen and operations planning activities; (6) $139,466,000 shall be available for security and hazardous materials safety; and (7) $280,110,000 shall be available for staff offices: Provided further , That not to exceed 5 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further , That no transfer may increase or decrease any appropriation under this heading by more than 5 percent: Provided further , That any transfer in excess of 5 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That not later than 60 days after the submission of the budget request, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of the Vision 100-Century of Aviation Reauthorization Act ( 49 U.S.C. 40101 note): Provided further , That the amounts made available under this heading shall be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted to Congress: Provided further , That not later than 60 days after the submission of the budget request, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year: Provided further , That the amounts made available under this heading shall be reduced by $100,000 for each day after the date that is 60 days after the submission of the budget request that such report has not been submitted to Congress: Provided further , That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further , That none of the funds made available by this Act shall be available for new applicants for the second career training program: Provided further , That none of the funds made available by this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further , That there may be credited to this appropriation, as offsetting collections, funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further , That of the amounts made available under this heading, not less than $178,400,000 shall be used to fund direct operations of the current air traffic control towers in the contract tower program, including the contract tower cost share program, and any airport that is currently qualified or that will qualify for the program during the fiscal year: Provided further , That none of the funds made available by this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund: Provided further , That none of the funds appropriated or otherwise made available by this Act or any other Act may be used to eliminate the Contract Weather Observers program at any airport. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $3,200,000,000, of which $550,000,000 shall remain available until September 30, 2023, $2,264,280,200 shall remain available until September 30, 2024, and $385,719,800 shall remain available until September 30, 2028: Provided , That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of national airspace systems: Provided further , That not later than 60 days after submission of the budget request, the Secretary of Transportation shall transmit to the Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2023 through 2027, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget. RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $258,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2024: Provided , That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development: Provided further , That amounts made available under this heading shall be used in accordance with the explanatory statement accompanying this Act: Provided further , That not to exceed 10 percent of any funding level specified under this heading in the explanatory statement accompanying this Act may be transferred to any other funding level specified under this heading in the explanatory statement accompanying this Act: Provided further , That no transfer may increase or decrease any funding level by more than 10 percent: Provided further , That any transfer in excess of 10 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,350,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided , That none of the amounts made available under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,350,000,000, in fiscal year 2022, notwithstanding section 47117(g) of title 49, United States Code: Provided further , That none of the amounts made available under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Provided further , That notwithstanding section 47109(a) of title 49, United States Code, the Government's share of allowable project costs under paragraph (2) of such section for subgrants or paragraph (3) of such section shall be 95 percent for a project at other than a large or medium hub airport that is a successive phase of a multi-phased construction project for which the project sponsor received a grant in fiscal year 2011 for the construction project: Provided further , That notwithstanding any other provision of law, of amounts limited under this heading, not more than $127,165,000 shall be available for administration, not less than $15,000,000 shall be available for the Airport Cooperative Research Program, not less than $40,961,000 shall be available for Airport Technology Research, and $10,000,000, to remain available until expended, shall be available and transferred to Office of the Secretary, Salaries and Expenses to carry out the Small Community Air Service Development Program: Provided further , That in addition to airports eligible under section 41743 of title 49, United States Code, such program may include the participation of an airport that serves a community or consortium that is not larger than a small hub airport, according to FAA hub classifications effective at the time the Office of the Secretary issues a request for proposals. GRANTS-IN-AID FOR AIRPORTS For an additional amount for Grants-In-Aid for Airports , to enable the Secretary of Transportation to make grants for projects as authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, United States Code, $603,471,000, to remain available through September 30, 2024: Provided , That amounts made available under this heading shall be derived from the general fund, and such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471 of title 49, United States Code: Provided further , That of the amounts made available under this heading, $203,471,000 shall be made available for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Airport Improvement Program included in the explanatory statement accompanying this Act: Provided further , That any remaining funds available after the distribution of funds under the preceding proviso shall be available to the Secretary to distribute as discretionary grants to airports: Provided further , That the amounts made available under this heading shall not be subject to any limitation on obligations for the Grants-in-Aid for Airports program set forth in any Act: Provided further , That the Administrator of the Federal Aviation Administration may retain up to 0.5 percent of the amounts made available under this heading to fund the award and oversight by the Administrator of grants made under this heading. ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION 110. None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2022. 111. None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided , That the prohibition on the use of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on below-market rates for these items or to grant assurances that require airport sponsors to provide land without cost to the Federal Aviation Administration for air traffic control facilities. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation. 114. None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 117. None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 118. None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. 119. None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119A. None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119B. None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the Contract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria. 119C. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services. 119E. Of the funds provided under the heading Grants-in-aid for Airports , up to $3,500,000 shall be for necessary expenses, including an independent verification regime, to provide reimbursement to airport sponsors that do not provide gateway operations and providers of general aviation ground support services, or other aviation tenants, located at those airports closed during a temporary flight restriction (TFR) for any residence of the President that is designated or identified to be secured by the United States Secret Service, and for direct and incremental financial losses incurred while such airports are closed solely due to the actions of the Federal Government: Provided , That no funds shall be obligated or distributed to airport sponsors that do not provide gateway operations and providers of general aviation ground support services until an independent audit is completed: Provided further , That losses incurred as a result of violations of law, or through fault or negligence, of such operators and service providers or of third parties (including airports) are not eligible for reimbursements: Provided further , That obligation and expenditure of funds are conditional upon full release of the United States Government for all claims for financial losses resulting from such actions. 119F. In this fiscal year and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a non-contiguous states. Federal Highway Administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $492,000,000 together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration: Provided , That in addition, $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104(a) of title 23, United States Code. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of the Fixing America's Surface Transportation (FAST) Act ( Public Law 114–94 ) shall not exceed total obligations of $46,365,092,000 for fiscal year 2022. (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out Federal-aid highway and highway safety construction programs authorized under title 23, United States Code, $47,104,092,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $2,839,611,000: Provided , That the funds made available under this heading shall be derived from the general fund, shall be in addition to any funds provided for fiscal year 2022 in this or any other Act for: (1) Federal-aid Highways under chapter 1 of title 23, United States Code; (2) the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240 ; or (3) the Norther Border Regional Commission ( 40 U.S.C. 15101 et seq. ), and shall not affect the distribution or amount of funds provided in any other Act: Provided further , That, except for funds made available under this heading for the Northern Border Regional Commission, section 1101(b) of Public Law 114–94 shall apply to funds made available under this heading: Provided further , That unless otherwise specified, amounts made available under this heading shall be available until September 30, 2025: Provided further , That of the funds made available under this heading— (1) $499,611,000 shall be made available for the purposes, and in the amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Highway Infrastructure Programs included in the explanatory statement accompanying this Act; (2) $640,680,000 shall be for activities eligible under section 133(b) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code; (3) $2,670,000 shall be for activities eligible under the Puerto Rico Highway Program as described in section 165(b)(2)(C) of title 23, United States Code; (4) $650,000 shall be for activities eligible under the Territorial Highway Program, as described in section 165(c)(6) of title 23, United States Code; (5) $100,000,000 shall be for the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act; (6) $1,345,000,000 shall be for a bridge replacement and rehabilitation program; (7) $125,000,000 shall be for a competitive highway bridge program; (8) $100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240 ; (9) $16,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code; and (10) $10,000,000 shall be transferred to the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. ) to make grants to carry out pilot projects that demonstrate the capabilities of wood-based infrastructure projects: Provided further , That for the purposes of funds made available under this heading, in paragraphs (2) and (7) of the fourth proviso, the term State means any of the 50 States or the District of Columbia: Provided further , That the funds made available under this heading, in paragraph (2) of the fourth proviso, shall be suballocated in the manner described in section 133(d) of title 23, United States Code, except that the set-aside described in section 133(h) of such title shall not apply to funds made available under this heading, in paragraph (2) of the fourth proviso: Provided further , That, except as otherwise provided under this heading, the funds made available under this heading, in paragraphs (1), (2), (6), (7), and (9) of the fourth proviso, shall be administered as if apportioned under chapter 1 of such title: Provided further , That the funds made available under this heading, in paragraph (1) of the fourth proviso, that are used for Tribal projects shall be administered as if allocated under chapter 2 of title 23, United States Code, except that the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code, and subsections (a)(6), (c), (d), and (e) of section 202 of such title shall not apply to such funds: Provided further , That, the funds made available under this heading, in paragraph (2) of the fourth proviso, shall be apportioned to the States in the same ratio as the obligation limitation for fiscal year 2022 is distributed among the States in section 120(a)(5) of this Act: Provided further , That, except as provided in the following proviso, the funds made available under this heading, in paragraph (3) of the fourth proviso, for activities eligible under the Puerto Rico Highway Program and, in paragraph (4) of the fourth proviso, for activities eligible under the Territorial Highway Program shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code: Provided further , That the funds made available under this heading, in paragraph (3) of the fourth proviso, for activities eligible under the Puerto Rico Highway Program shall not be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further , That not less than 25 percent of the funds made available under this heading, in paragraph (5) of the fourth proviso, for the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act shall be for competitive grants to tribal governments: Provided further , That for the purposes of funds made available under this heading, in paragraph (6) of the fourth proviso, for a bridge replacement and rehabilitation program, (1) the term State means any of the 50 States or the District of Columbia, and (2) the term qualifying State means any State in which the percentage of total deck area of bridges classified as in poor condition in such State is at least 5 percent or in which the percentage of total bridges classified as in poor condition in such State is at least 5 percent: Provided further , That, of the funds made available under this heading, in paragraph (6) of the fourth proviso, for a bridge replacement and rehabilitation program, the Secretary shall reserve $6,000,000 for each State that does not meet the definition of a qualifying State: Provided further , That, after making the reservations under the preceding proviso, the Secretary shall distribute the remaining funds made available under this heading, in paragraph (6) of the fourth proviso, for a bridge replacement and rehabilitation program to each qualifying State by the proportion that the percentage of total deck area of bridges classified as in poor condition in such qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States: Provided further , That, of the funds made available under this heading, in paragraph (6) of the fourth proviso, for the bridge replacement and rehabilitation program: (1) no qualifying State shall receive more than $60,000,000; (2) each State shall receive an amount not less than $6,000,000; and (3) after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $60,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State: Provided further , That funds made available under this heading, in paragraph (6) of the fourth proviso, provided to States that do not meet the definition of a qualifying State for the bridge replacement and rehabilitation program under this heading shall be: (1) merged with amounts made available to such State under this heading, in paragraph (2) of the fourth proviso; (2) available for activities eligible under paragraph (2) of the fourth proviso; and (3) administered as if apportioned under chapter 1 of title 23, United States Code: Provided further , That, except as provided in the preceding proviso, the funds made available under this heading, in paragraph (6) of the fourth proviso, for a bridge replacement and rehabilitation program shall be used for highway bridge replacement or rehabilitation projects on public roads: Provided further , That for purposes of this heading for the bridge replacement and rehabilitation program, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of total deck area classified as in poor condition) and the percentages of total bridge counts (including the percentages of total bridges classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018: Provided further , That for the purposes of funds made available under this heading, in paragraph (7) of the fourth proviso, for a competitive highway bridge program, the Secretary shall provide competitive grants for replacement, rehabilitation, preservation, protection, and construction of bridges on public roads: Provided further , That for the purposes of funds made available under this heading, in paragraph (7) of the fourth proviso, for a competitive highway bridge program, the Secretary shall prioritize grant awards for bridge projects that are located in: (1) States with high bridge replacement unit costs; or (2) rural areas that are geographically isolated or do not have alternate roadways to access a community: Provided further , That for the purposes of funds made available under this heading, in paragraph (8) of the fourth proviso, for construction of the Appalachian Development Highway System, the term Appalachian State means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as defined in section 14102(a) of title 40, United States Code: Provided further , That funds made available under this heading for construction of the Appalachian Development Highway System shall remain available until expended: Provided further , That a project carried out with funds made available under this heading for construction of the Appalachian Development Highway System shall be carried out in the same manner as a project under section 14501 of title 40, United States Code: Provided further , That subject to the following proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further , That the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading: Provided further , That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two provisos: Provided further , That the Federal share of the costs for which an expenditure is made for construction of the Appalachian Development Highway System under this heading shall be up to 100 percent: Provided further , That a grant made with funds made available under this heading, in paragraph (10) of the fourth proviso, shall be administered in the same manner as a grant made under subtitle V of title 40, United States Code. ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION 120. (a) For fiscal year 2022, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Fixing America's Surface Transportation Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions from obligation limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2022, only in an amount equal to $639,000,000). (c) Redistribution of unused obligation authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 ) and 104 of title 23, United States Code. (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; and (B) title VI of the Fixing America's Surface Transportation Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 , funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of title 49, United States Code, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided , That such funds shall be subject to the obligation limitation for Federal-aid highway and highway safety construction programs. 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided , That the Secretary shall provide an annual report to the House and Senate Committees on Appropriations on any waivers granted under the Buy America requirements. 123. None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award: Provided , That the written notification required in the preceding proviso shall be made not later than 180 days after the date of enactment of this Act. 124. (a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided , That the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the Secretary of its intent to use its authority under this section and submits an annual report to the Secretary identifying the projects to which the funding would be applied. Notwithstanding the original period of availability of funds to be obligated under this section, such funds and associated obligation limitation shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which the Secretary is notified. The Federal share of the cost of a project carried out with funds made available under this section shall be the same as associated with the earmark. (b) In this section, the term earmarked amount means— (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration. (c) The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher. (d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations. 125. Until final guidance is published, the Administrator of the Federal Highway Administration shall adjudicate requests for Buy America waivers under the criteria that were in effect prior to April 17, 2018. 126. Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 109 Stat. 597; 118 Stat. 293; 133 Stat. 3018) is amended, in the first sentence, by inserting clauses (i) and (iv) of subsection(c)(38)(A), after subsection (c)(37), . Federal Motor Carrier Safety Administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, as amended by the Fixing America's Surface Transportation Act ( Public Law 114–94 ), $288,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided , That funds available for implementation, execution, or administration of motor carrier safety operations and programs authorized under title 49, United States Code, shall not exceed total obligations of $288,000,000, for Motor Carrier Safety Operations and Programs for fiscal year 2022, of which $9,073,000, to remain available for obligation until September 30, 2024, is for the research and technology program, and of which not less than $35,334,000, to remain available for obligation until September 30, 2024, is for development, modernization, enhancement, continued operation, and maintenance of information technology and information management. MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, as amended by the Fixing America's Surface Transportation Act ( Public Law 114–94 ), $393,800,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided , That funds available for the implementation or execution of motor carrier safety programs shall not exceed total obligations of $393,800,000 in fiscal year 2022 for Motor Carrier Safety Grants : Provided further , That of the sums appropriated under this heading: (1) $308,700,000 shall be available for the motor carrier safety assistance program; (2) $33,200,000 shall be available for the commercial driver's license program implementation program; (3) $49,900,000 shall be available for the high priority activities program, of which $5,000,000 is to be made available from prior year unobligated contract authority provided for Motor Carrier Safety Grants in the Transportation Equity Act for the 21st Century ( Public Law 105–178 ), SAFETEA–LU ( Public Law 109–59 ), or other appropriations or authorization Acts; and (4) $2,000,000 shall be made available for the commercial motor vehicle operators grant program, of which $1,000,000 is to be made available from prior year unobligated contract authority provided for Motor Carrier Safety Grants in the Transportation Equity Act for the 21st Century ( Public Law 105–178 ), SAFETEA–LU ( Public Law 109–59 ), or other appropriations or authorization Acts. ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO–19–264. 131. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 ) or insects. National Highway Traffic Safety Administration OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $220,550,000, of which $40,000,000 shall remain available through September 30, 2023. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 4011 of the Fixing America’s Surface Transportation Act ( Public Law 114–94 ), and chapter 303 of title 49, United States Code, $155,300,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided , That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2022, are in excess of $155,300,000: Provided further , That of the sums appropriated under this heading— (1) $149,800,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 4011 of the Fixing America’s Surface Transportation Act ( Public Law 114–94 ); and (2) $5,500,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States Code: Provided further , That within the $155,300,000 obligation limitation for operations and research, $20,000,000 shall remain available until September 30, 2023, and shall be in addition to the amount of any limitation imposed on obligations for future years: Provided further , That amounts for behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls are in addition to any other funds provided for those purposes for fiscal year 2022 in this Act. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code, to remain available until expended, $623,017,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided , That none of the funds in this Act shall be available for the planning or execution of programs for which the total obligations in fiscal year 2022 are in excess of $623,017,000 for programs authorized under sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code: Provided further , That of the sums appropriated under this heading— (1) $279,800,000 shall be for Highway Safety Programs under section 402 of title 23, United States Code; (2) $285,900,000 shall be for National Priority Safety Programs under section 405 of title 23, United States Code; (3) $30,500,000 shall be for the High Visibility Enforcement Program under section 404 of title 23, United States Code; and (4) $26,817,000 shall be for grant administrative expenses under chapter 4 of title 23, United States Code: Provided further , That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further , That not to exceed $500,000 of the funds made available for National Priority Safety Programs under section 405 of title 23, United States Code, for Impaired Driving Countermeasures (as described in subsection (d) of that section) shall be available for technical assistance to the States: Provided further , That with respect to the Transfers provision under section 405(a)(8) of title 23, United States Code, any amounts transferred to increase the amounts made available under section 402 shall include the obligation authority for such amounts: Provided further , That the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted under the preceding proviso or under section 405(a)(8) of title 23, United States Code, within 5 days. ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code. Federal Railroad Administration SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $242,757,000, of which $25,000,000 shall remain available until expended: Provided , That of the amounts provided under this heading, up to $2,100,000 shall be available for the alteration and repair of buildings and improvements for fire and life safety, emergency power system, waste and potable water management, and asbestos abatement projects, to carry out necessary railroad safety, training, and research activities at the Transportation Technology Center. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $41,000,000, to remain available until expended. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR For necessary expenses related to Federal-State Partnership for State of Good Repair Grants as authorized by section 24911 of title 49, United States Code, $220,000,000, to remain available until expended: Provided , That expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way) of a capital project as defined under section 24911(a)(2) of title 49, United States Code, are eligible for funding independently or in conjunction with proposed funding for construction: Provided further , That the Secretary may withhold up to 1 percent of the amount provided under this heading for the costs of award and project management oversight of grants carried out under section 24911 of title 49, United States Code. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants, as authorized by section 22907 of title 49, United States Code, $522,860,000, to remain available until expended: Provided , That section 22905(f) of title 49, United States Code, shall not apply to projects for the implementation or sustainment of positive train control systems otherwise eligible under section 22907(c)(1) of title 49, United States Code: Provided further , That amounts made available under this heading for projects selected for commuter rail passenger transportation may be transferred by the Secretary, after selection, to the appropriate agencies to be administered in accordance with chapter 53 of title 49, United States Code: Provided further , That the Secretary shall not limit eligible projects from consideration for funding for planning, engineering, environmental, construction, and design elements of the same project in the same application: Provided further , That for amounts available under this heading eligible recipients under section 22907(b) of title 49, United States Code, shall include any holding company of a Class II railroad or Class III railroad (as those terms are defined in section 20102 of title 49, United States Code): Provided further , That unobligated balances remaining after 6 years from the date of enactment of this Act may be used for any eligible project under section 22907(c) of title 49, United States Code: Provided further , That of the amounts made available under this heading, $120,860,000 shall be made available for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending, for Consolidated Rail Infrastructure and Safety Improvements included in the explanatory statement accompanying this Act: Provided further , That any remaining funds available after the distribution of funds under the preceding proviso shall be available to the Secretary to distribute as discretionary grants under this heading: Provided further , That the Secretary may withhold up to 2 percent of the amount provided under this heading for the costs of award and project management oversight of grants carried out under section 22907 of title 49, United States Code. RESTORATION AND ENHANCEMENT For necessary expenses related to Restoration and Enhancement Grants, as authorized by section 24408 of title 49, United States Code, $2,000,000, to remain available until expended: Provided , That the Secretary may withhold up to 2 percent of the funds provided under this heading to fund the costs of award and project management and oversight: Provided further , That amounts made available under this heading may be provided to make payments for use of Amtrak equipment under Section 209 of the Passenger Rail Investment and Improvement Act of 2008 (division B, title II of Public Law 110–432 , as amended), whether characterized as a capital cost or operating cost, and notwithstanding any limitation in paragraph (c) of that section: Provided further , That the preceding proviso shall apply to amounts made available under this heading in previous fiscal years if such funds are announced in a notice of funding opportunity that includes funds made available under this heading. NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94 ), $968,692,693, to remain available until expended: Provided , That the Secretary may retain up to one-half of 1 percent of the funds provided under both this heading and the National Network Grants to the National Railroad Passenger Corporation heading to fund the costs of project management and oversight of activities authorized by section 11101(c) of division A of Public Law 114–94 : Provided further , That in addition to the project management oversight funds authorized under section 11101(c) of division A of Public Law 114–94 , the Secretary may retain up to an additional $5,000,000 of the funds provided under this heading to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States Code: Provided further , That of the amounts made available under this heading and the National Network Grants to the National Railroad Passenger Corporation heading, not less than $75,000,000 shall be made available to bring Amtrak-served facilities and stations into compliance with the Americans with Disabilities Act: Provided further , That of the amounts made available under this heading and the National Network Grants to the National Railroad Passenger Corporation heading, $100,000,000 shall be made available to fund the replacement of the single-level passenger cars used on the Northeast Corridor, State-supported routes, and long-distance routes, as such terms are defined in section 24102 of title 49, United States Code. NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94 ), $1,731,307,307, to remain available until expended: Provided , That the Secretary may retain up to an additional $2,000,000 of the funds provided under this heading to fund expenses associated with the State-Supported Route Committee established under section 24712 of title 49, United States Code: Provided further , That at least $50,000,000 of the amount provided under this heading shall be available for the development, installation and operation of railroad safety improvements, including the implementation of a positive train control system, on State-supported routes as defined under section 24102(13) of title 49, United States Code, on which positive train control systems are not required by law or regulation as identified on or before the date of enactment of this Act: Provided further , That any unobligated balances from amounts provided under this heading in prior Acts for the development, installation and operation of railroad safety technology on State-supported routes on which positive train control systems are not required by law or regulation shall also be available for railroad safety improvements on State-supported routes as identified on or before the date of enactment of this Act: Provided further , That none of the funds provided under this heading shall be used by Amtrak to give notice under subsection (a) or (b) of section 24706 of title 49, United States Code, with respect to long-distance routes (as defined in section 24102 of title 49, United States Code) on which Amtrak is the sole operator on a host railroad’s line and a positive train control system is not required by law or regulation, or, except in an emergency or during maintenance or construction outages impacting such routes, to otherwise discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any portion of such route operated in fiscal year 2018, including implementation of service permitted by section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail service. ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING RESCISSIONS) 150. None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided , That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further , That the President of Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of this Act, a summary of all overtime payments incurred by Amtrak for 2021 and the 3 prior calendar years: Provided further , That such summary shall include the total number of employees that received waivers and the total overtime payments Amtrak paid to employees receiving waivers for each month for 2021 and for the 3 prior calendar years. 151. None of the funds made available to the National Railroad Passenger Corporation under the headings Northeast Corridor Grants to the National Railroad Passenger Corporation and National Network Grants to the National Railroad Passenger Corporation may be used to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities or rights-of-way below the staffing level on May 1, 2019. 152. None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ). 153. Of the unobligated balances of funds remaining from— (1) Railroad Safety Grants accounts totaling $1,715,414.34 appropriated by the following public laws are hereby permanently rescinded: (A) Public Law 105–277 a total of $7,052.79 under the heading Railroad Safety ; (B) Public Law 113–235 a total of $190,265.91 from section 153 under the heading Administrative Provisions—Federal Railroad Administration ; and (C) Public Law 114–113 a total of $1,518,095.64; and (2) Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service account totaling $13,327,006.39 appropriated by Public Law 111–117 is hereby permanently rescinded. 154. It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and (2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code). Federal Transit Administration ADMINISTRATIVE EXPENSES For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $131,500,000 which shall remain available until September 30, 2023: Provided , That upon submission to the Congress of the fiscal year 2023 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on Capital Investment Grants, including proposed allocations for fiscal year 2023. TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the Fixing America's Surface Transportation Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, $10,800,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: Provided , That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the Fixing America's Surface Transportation Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, shall not exceed total obligations of $10,150,348,462 in fiscal year 2022: Provided further , That the Federal share of the cost of activities carried out under 49 U.S.C. section 5312 shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities grants under section 5339 of title 49, United States Code, low or no emission grants under section 5339(c) of such title, formula grants to rural areas under section 5311 of such title, high density state apportionments under section 5340(d) of such title, state of good repair grants under section 5337 of such title, ferry boats grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, grants to areas of persistent poverty, innovative mobility solutions grants under section 5312 of such title, and accelerating innovative mobility initiative grants under section 5312 such title, $756,998,000, to remain available until expended: Provided , That of the sums provided under this heading— (1) $300,000,000 shall be available for the buses and bus facilities grants as authorized under section 5339 of such title, of which $200,000,000 shall be available for the buses and bus facilities formula grants as authorized under section 5339(a) of such title, and $100,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $132,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Provided , That the minimum grant award shall be not less than $750,000; (3) $45,000,000 shall be available for formula grants for rural areas as authorized under section 5311 of such title; (4) $45,000,000 shall be available for the high density state apportionments as authorized under section 5340(d) of such title; (5) $45,000,000 shall be available for state of good repair grants as authorized under section 5337 of such title; (6) $13,000,000 shall be available for ferry boat grants as authorized under section 5307(h) of such title: Provided , That of the amounts provided under this subparagraph, no less than $6,000,000 shall be available for low or zero-emission ferries or ferries using electric battery or fuel cell components and the infrastructure to support such ferries; (7) $2,000,000 shall be available for the operation and maintenance of the bus testing facilities selected under section 5318 of such title; (8) $20,000,000 shall be available for competitive grants to eligible entities to assist areas of persistent poverty or disadvantaged communities as defined in section 193 of this Act: Provided , That grants shall be for planning, engineering, or development of technical or financing plans for projects eligible under chapter 53 of title 49, United States Code: Provided further , That eligible entities are those defined as eligible recipients or subrecipients under sections 5307, 5310 or 5311 of title 49, United States Code, and are in areas of persistent poverty: Provided further , That the Federal Transit Administration should complete outreach to such counties and the departments of transportation within applicable States via personal contact, webinars, web materials and other appropriate methods determined by the Administrator of the Federal Transit Administration: Provided further , That State departments of transportation may apply on behalf of eligible entities within their States: Provided further , That the Federal Transit Administration should encourage grantees to work with non-profits or other entities of their choosing in order to develop planning, technical, engineering, or financing plans: Provided further , That the Federal Transit Administration shall encourage grantees to partner with non-profits that can assist with making projects low or no emissions; (9) $1,000,000 shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of title 49, United States Code: Provided , That such amounts shall be available for competitive grants or cooperative agreements for the development of software to facilitate the provision of demand-response public transportation service that dispatches public transportation fleet vehicles through riders mobile devices or other advanced means: Provided further , That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies; (10) $1,000,000 shall be for the accelerating innovative mobility initiative as authorized under section 5312 of title 49, United States Code: Provided , That such amounts shall be available for competitive grants to improve mobility and enhance the rider experience with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions in order to help disseminate proven innovation mobility practices throughout the public transportation industry; and (11) $152,998,000 shall be made available for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Transit Infrastructure Grants included in the explanatory statement accompanying this Act: Provided further , That any remaining funds available after the distribution of funds under the preceding proviso shall be available to the Secretary to distribute as discretionary grants under this heading: Provided further , That projects funded under paragraph (8) of this heading shall be for not less than 90 percent of the net total project cost: Provided further , That amounts made available by this heading shall be derived from the general fund: Provided further , That the amounts made available under this heading shall not be subject to any limitation on obligations for transit programs set forth in any Act. TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $7,500,000, to remain available until September 30, 2023, of which not less than $1,500,000 shall be for a cooperative agreement through which the Federal Transit Administration assists small-urban, rural and tribal public transit recipients and planning organizations with applied innovation and capacity-building: Provided , That the assistance provided under this heading does not duplicate the activities of section 5311(b) or section 5312 of title 49, United States Code. CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America's Surface Transportation Act ( Public Law 114–94 ), $2,248,000,000, to remain available until September 30, 2025: Provided , That of the amounts made available under this heading, $1,425,000,000 shall be available for projects authorized under section 5309(d) of title 49, United States Code, $450,000,000 shall be available for projects authorized under section 5309(e) of title 49, United States Code, $250,520,000 shall be available for projects authorized under section 5309(h) of title 49, United States Code, and $100,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America's Surface Transportation Act: Provided further , That the Secretary shall continue to administer the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49, United States Code, and of section 3005(b) of the Fixing America's Surface Transportation Act: Provided further , That projects that receive a grant agreement under the Expedited Project Delivery for Capital Investment Grants Pilot Program under section 3005(b) of the Fixing America’s Surface Transportation Act shall be deemed eligible for funding provided for projects under section 5309 of title 49, United States Code, without further evaluation or rating under such section: Provided further , That such funding shall not exceed the Federal share under section 3005(b): Provided further , That funds allocated pursuant to 49 U.S.C. 5309 to any project during fiscal years 2015 or 2017 shall remain allocated to that project until December 31, 2023. GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ), $150,000,000, to remain available until expended: Provided , That the Secretary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided further , That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving such grants: Provided further , That the Secretary, in order to ensure safety throughout the rail system, may waive the requirements of section 601(e)(1) of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ). TRANSIT RESEARCH For necessary expenses to carry out section 5312 of title 49, United States Code, $18,000,000, to remain available until September 30, 2024. ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSIONS) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 , previously made available for obligation, or to any other authority previously made available for obligation. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Capital Investment Grants of the Federal Transit Administration for projects specified in this Act or identified in the explanatory statement accompanying this Act not obligated by September 30, 2025, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2021, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section. 163. None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9503(e)(4) ). 164. An eligible recipient of a grant under section 5339(c) may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intend to participate in the implementation of a project under section 5339(c) of title 49, United States Code, and a project awarded with such partnership shall be treated as satisfying the requirement for a competitive procurement under section 5325(a) of title 49, United States Code, for the named entity. 165. None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grant program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code. 166. None of the funds made available in this Act may be used by the Department of Transportation to implement any policy that requires a capital investment grant project to receive a medium or higher project rating before taking actions to finalize an environmental impact statement. 167. Of the unobligated amounts made available for prior fiscal years to Formula Grants in Treasury Account 69–X–1129, a total of $6,734,356 are hereby permanently rescinded: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 168. Any unexpended balances from amounts previously appropriated for low or no emission vehicle component assessment under 49 U.S.C. 5312(h) under the headings Transit Formula Grants and Transit Infrastructure Grants in fiscal years 2021 through 2022 may be used by the facilities selected for such vehicle component assessment for capital projects in order to build new infrastructure and enhance existing facilities in order to expand bus and component testing capability, in accordance with the industry stakeholder testing objectives and capabilities as outlined through the work of the Federal Transit Administration Transit Vehicle Innovation and Deployment Centers program and included in the Center for Transportation and the Environment report submitted to the Federal Transit Administration for review. Great Lakes St. Lawrence Seaway Development Corporation The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the Saint Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $37,700,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ): Provided , That of the amounts made available under this heading, not less than $14,500,000 shall be for the seaway infrastructure program and not more than $1,500,000 shall be for activities pursuant to section 984(a)(12) of title 33, United States Code. Maritime Administration MARITIME SECURITY PROGRAM (INCLUDING RESCISSION) For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 of title 46, United States Code, to serve the national security needs of the United States, $318,000,000, to remain available until expended: Provided , That of the unobligated balances from prior year appropriations made available under this heading, $42,000,000 is hereby permanently rescinded. CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 of title 46, United States Code, $10,000,000, to remain available until expended. TANKER SECURITY PROGRAM For the tanker security fleet program, as authorized under section 53406 of title 46, United States Code, $60,000,000, to remain available until expended. OPERATIONS AND TRAINING (INCLUDING TRANSFER OF FUNDS) For necessary expenses of operations and training activities authorized by law, $172,204,000: Provided , That of the amounts made available under this heading— (1) $85,032,000, to remain available until September 30, 2023, shall be for the operations of the United States Merchant Marine Academy; (2) $5,500,000, to remain available until expended, shall be for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $10,000,000, to remain available until September 30, 2023, shall be for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (4) $10,819,000, to remain available until expended, shall be for the America’s Marine Highways Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further , That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Merchant Marine Academy as required pursuant to section 3510 of the National Defense Authorization Act for fiscal year 2017 ( 46 U.S.C. 51318 ): Provided further , That available balances under this heading for the Short Sea Transportation Program (now known as the America’s Marine Highway Program) from prior year recoveries shall be available to carry out activities authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code. STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $433,300,000: Provided , That of the sums appropriated under this heading— (1) $30,500,000, to remain available until expended, shall be for maintenance, repair, life extension, insurance, and capacity improvement of National Defense Reserve Fleet training ships, and for support of training ship operations at the State Maritime Academies, of which up to $8,500,000, to remain available until expended, shall be for expenses related to training mariners; and for costs associated with training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for costs associated with mobilizing, operating and demobilizing the vessel, including travel costs for students, faculty and crew, the costs of the general agent, crew costs, fuel, insurance, operational fees, and vessel hire costs, as determined by the Secretary; (2) $390,600,000, to remain available until expended, shall be for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, and design of school ships; (3) $2,400,000 to remain available through September 30, 2026, shall be for the Student Incentive Program; (4) $3,800,000 shall remain available until expended, shall be for training ship fuel assistance; and (5) $6,000,000, to remain available until September 30, 2023, shall be for direct payments for State Maritime Academies. ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $20,000,000, to remain available until expended. SHIP DISPOSAL For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, to remain available until expended. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For administrative expenses to carry out the guaranteed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for Maritime Administration—Operations and Training . PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 50302(c) of title 46, United States Code, $240,000,000, to remain available until expended: Provided , That projects eligible for amounts made available under this heading shall be projects for coastal seaports, inland river ports, or Great Lakes ports: Provided further , That the Maritime Administration shall distribute amounts made available under this heading as discretionary grants to port authorities or commissions or their subdivisions and agents under existing authority, as well as to a State or political subdivision of a State or local government, a Tribal Government, a public agency or publicly chartered authority established by one or more States, a special purpose district with a transportation function, a multistate or multijurisdictional group of entities, or a lead entity described above jointly with a private entity or group of private entities: Provided further , That projects eligible for amounts made available under this heading shall be designed to improve the safety, efficiency, or reliability of the movement of goods into, out of, around, or within a port and located— (1) within the boundary of a port; or (2) outside the boundary of a port, and directly related to port operations, or to an intermodal connection to a port: Provided further , That project awards eligible under this heading shall be only for— (1) port gate improvements; (2) road improvements both within and connecting to the port; (3) rail improvements both within and connecting to the port; (4) berth improvements (including docks, wharves, piers and dredging incidental to the improvement project); (5) fixed landside improvements in support of cargo operations (such as silos, elevators, conveyors, container terminals, Ro/Ro structures including parking garages necessary for intermodal freight transfer, warehouses including refrigerated facilities, lay-down areas, transit sheds, and other such facilities); (6) utilities necessary for safe operations (including lighting, stormwater, and other such improvements that are incidental to a larger infrastructure project); (7) improvements that reduce environmental impact(s) of port operations (including resiliency improvements); or (8) a combination of activities described above: Provided further , That the Federal share of the costs for which an amount is provided under this heading shall be up to 80 percent: Provided further , That for grants awarded under this heading, the minimum grant size shall be $1,000,000. ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided , That payments received therefor shall be credited to the appropriation charged with the cost thereof and shall remain available until expended: Provided further , That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts. Pipeline and Hazardous Materials Safety Administration OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $29,100,000, of which $4,500,000 shall remain available until September 30, 2024. HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $66,829,000, of which $7,570,000 shall remain available until September 30, 2024: Provided , That up to $800,000 in fees collected under section 5108(g) of title 49, United States Code, shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further , That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $182,650,000, to remain available until September 30, 2024, of which $27,650,000 shall be derived from the Oil Spill Liability Trust Fund; of which $146,600,000 shall be derived from the Pipeline Safety Fund; of which $400,000 shall be derived from the fees collected under section 60303 of title 49, United States Code, and deposited in the Liquefied Natural Gas Siting Account for compliance reviews of liquefied natural gas facilities; and of which $8,000,000 shall be derived from fees collected under section 60302 of title 49, United States Code, and deposited in the Underground Natural Gas Storage Facility Safety Account for the purpose of carrying out section 60141 of title 49, United States Code: Provided , That not less than $1,058,000 of the funds provided under this heading shall be for the One-Call State grant program: Provided further , That any amounts provided under this heading in this Act or in prior Acts for research contracts, grants, cooperative agreements or research other transactions agreements ( OTAs ) shall require written notification to the House and Senate Committees on Appropriations not less than 3 full business days before such research contracts, grants, cooperative agreements, or research OTAs are announced by the Department of Transportation. EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain available until September 30, 2024, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided , That notwithstanding section 5116(h)(4) of title 49, United States Code, not more than 4 percent of the amounts made available from this account shall be available to pay the administrative costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United States Code: Provided further , That notwithstanding subsections (b) and (c) of section 5128 of title 49, United States Code, and the limitation on obligations provided under this heading, prior year recoveries recognized in the current year shall be available to develop and deliver hazardous materials emergency response training for emergency responders, including response activities for the transportation of crude oil, ethanol, flammable liquids, and other hazardous commodities by rail, consistent with National Fire Protection Association standards, and to make such training available through an electronic format: Provided further , That the prior year recoveries made available under this heading shall also be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of title 49, United States Code. Office of Inspector General SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $103,150,000: Provided , That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended ( 5 U.S.C. App. 3 ), to investigate allegations of fraud, including false statements to the government ( 18 U.S.C. 1001 ), by any person or entity that is subject to regulation by the Department of Transportation. General Provisions—Department of Transportation 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code. (b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation. (c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. (a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code. (b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision. 183. None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided , That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways account and to the Federal Railroad Administration's Safety and Operations account, except for State rail safety inspectors participating in training pursuant to section 20105 of title 49, United States Code. 185. None of the funds made available by this Act to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by the Department or its operating administrations: Provided , That the Secretary of Transportation shall provide the House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso: Provided further , That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any quick release of funds from the emergency relief program: Provided further , That no notification shall involve funds that are not available for obligation. 186. Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Amounts made available by this Act or any prior Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments: Provided , That amounts made available by this Act shall be available until expended; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Payment Integrity Information Act of 2019 ( Public Law 116–117 ): Provided , That amounts in excess of that required for paragraphs (1) and (2)— (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further , That where specific project or accounting information associated with the improper payment or payments is not readily available, the Secretary may credit the amounts to an appropriate account as offsetting collections and such amounts shall be available for the purposes and period associated with the account so credited: Provided further , That amounts credited to programs under this subparagraph shall not be subject to any limitation on obligations in this or any other Act; or (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further , That prior to depositing such recovery in the Treasury, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further , That for purposes of this section, the term improper payment has the same meaning as that provided in section 3351(4) of title 31, United States Code. 188. Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided , That the Secretary of Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days after the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations. 189. Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations. 190. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 191. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 192. The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices. 193. For purposes of this Act— (1) the term areas of persistent poverty means any county that has consistently had greater than or equal to 20 percent of the population living in poverty during the 30-year period preceding the date of enactment of this Act, as measured by the 1990 and 2000 decennial census and the most recent annual Small Area Income and Poverty Estimates as estimated by the Bureau of the Census; any census tract with a poverty rate of at least 20 percent as measured by the 2014–2018 5-year data series available from the American Community Survey of the Bureau of the Census; or any territory or possession of the United States; and (2) the term disadvantaged community means a geographic area (or areas) including an Indian reservation that meet objective criteria of economic distress developed by the Infrastructure Finance Authority in consultation with the Secretary of the Treasury and the Secretary of the Department of Housing and Urban Development, which may include— (A) the percentage of low-income families or the extent of poverty, including census tracts with persistent poverty; (B) the rate of unemployment or underemployment; (C) the extent of blight and disinvestment; (D) projects that target extremely low-, very low-, and low-income families in or outside a designated economic distress area; or (E) any other criteria designated by the Infrastructure Finance Authority in consultation with such Secretaries. This title may be cited as the Department of Transportation Appropriations Act, 2022 . II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and Administration EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $13,000,000, to remain available until September 30, 2023: Provided , That not to exceed $25,000 of the amount made available under this heading shall be available to the Secretary of Housing and Urban Development (referred to in this title as the Secretary ) for official reception and representation expenses as the Secretary may determine. ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $609,666,000, to remain available until September 30, 2023: Provided , That of the sums appropriated under this heading— (1) $79,400,000 shall be available for the Office of the Chief Financial Officer; (2) $115,200,000 shall be available for the Office of the General Counsel, of which not less than $19,900,000 shall be for the Departmental Enforcement Center; (3) $216,400,000 shall be available for the Office of Administration; (4) $45,000,000 shall be available for the Office of the Chief Human Capital Officer; (5) $60,400,000 shall be available for the Office of Field Policy and Management; (6) $28,000,000 shall be available for the Office of the Chief Procurement Officer; (7) $4,266,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $61,000,000 shall be available for the Office of the Chief Information Officer: Provided further , That funds made available under this heading may be used for necessary administrative and non-administrative expenses of the Department, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code: Provided further , That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that directly support program activities funded in this title: Provided further , That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further , That the Secretary shall provide in electronic form all signed reports required by Congress. PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $972,687,000, to remain available until September 30, 2023: Provided , That of the sums appropriated under this heading— (1) $260,500,000 shall be available for the Office of Public and Indian Housing; (2) $147,887,000 shall be available for the Office of Community Planning and Development; (3) $434,000,000 shall be available for the Office of Housing, of which not less than $13,300,000 shall be for the Office of Recapitalization; (4) $35,500,000 shall be available for the Office of Policy Development and Research; (5) $84,100,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $10,700,000 shall be available for the Office of Lead Hazard Control and Healthy Homes. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the Fund ), pursuant, in part, to section 7(f) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(f) ), amounts transferred, including reimbursements pursuant to section 7(f), to the Fund under this heading shall be available only for Federal shared services used by offices and agencies of the Department, and for any such portion of any office or agency’s printing, records management, space renovation, furniture, or supply services the Secretary has determined shall be provided through the Fund, and the operational expenses of the Fund: Provided , That amounts within the Fund shall not be available to provide services not specifically authorized under this heading: Provided further , That upon a determination by the Secretary that any other service (or portion thereof) authorized under this heading shall be provided through the Fund, amounts made available in this title for salaries and expenses under the headings Executive Offices , Administrative Support Offices , Program Offices , and Government National Mortgage Association , for such services shall be transferred to the Fund, to remain available until expended: Provided further , That the Secretary shall notify the House and Senate Committees on Appropriations of its plans for executing such transfers at least 15 days in advance of such transfers. Public and Indian Housing TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. ) (in this title the Act ), not otherwise provided for, $23,719,217,000, to remain available until expended, which shall be available on October 1, 2021 (in addition to the $4,000,000,000 previously appropriated under this heading that shall be available on October 1, 2021), and $4,000,000,000, to remain available until expended, which shall be available on October 1, 2022: Provided , That the amounts made available under this heading are provided as follows: (1) $24,526,926,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided , That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2022 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection and Choice Neighborhoods vouchers: Provided further , That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract, except for public housing agencies participating in the Moving to Work (MTW) demonstration, which are instead governed in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any: Provided further , That the Secretary shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency's allocation otherwise established pursuant to this paragraph: Provided further , That except as provided in the following provisos, the entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget by the latter of 60 days after enactment of this Act or March 1, 2022: Provided further , That the Secretary may extend the notification period with the prior written approval of the House and Senate Committees on Appropriations: Provided further , That public housing agencies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same pro rata adjustments under the preceding provisos: Provided further , That the Secretary may offset public housing agencies' calendar year 2022 allocations based on the excess amounts of public housing agencies' net restricted assets accounts, including HUD-held programmatic reserves (in accordance with VMS data in calendar year 2021 that is verifiable and complete), as determined by the Secretary: Provided further , That public housing agencies participating in the MTW demonstration shall also be subject to the offset, as determined by the Secretary, excluding amounts subject to the single fund budget authority provisions of their MTW agreements, from the agencies’ calendar year 2022 MTW funding allocation: Provided further , That the Secretary shall use any offset referred to in the preceding two provisos throughout the calendar year to prevent the termination of rental assistance for families as the result of insufficient funding, as determined by the Secretary, and to avoid or reduce the proration of renewal funding allocations: Provided further , That up to $100,000,000 shall be available only: (1) for adjustments in the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (2) for vouchers that were not in use during the previous 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act, or an adjustment for a funding obligation not yet expended in the previous calendar year for a MTW-eligible activity to develop affordable housing for an agency added to the MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113 ); (3) for adjustments for costs associated with HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers; (4) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding; (5) for adjustments in the allocations for public housing agencies that (i) are leasing a lower-than-average percentage of their authorized vouchers, (ii) have low amounts of budget authority in their net restricted assets accounts and HUD-held programmatic reserves, relative to other agencies, and (iii) are not participating in the Moving to Work demonstration, to enable such agencies to lease more vouchers; (6) for withheld payments in accordance with section 8(o)(8)(A)(ii) of the Act for months in the previous calendar year that were subsequently paid by the public housing agency after the agency’s actual costs were validated; and (7) for public housing agencies that have experienced increased costs or loss of units in an area for which the President declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ): Provided further , That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary; (2) $100,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 , as amended, or under the authority as provided under this Act: Provided , That when a public housing development is submitted for demolition or disposition under section 18 of the Act, the Secretary may provide section 8 rental assistance when the units pose an imminent health and safety risk to residents: Provided further , That the Secretary may provide section 8 rental assistance from amounts made available under this paragraph for units assisted under a project-based subsidy contract funded under the Project-Based Rental Assistance heading under this title where the owner has received a Notice of Default and the units pose an imminent health and safety risk to residents: Provided further , That of the amounts made available under this paragraph, no less than $5,000,000 may be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in low vacancy areas and who may have to pay rents greater than 30 percent of household income, as the result of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan that requires the permission of the Secretary prior to loan prepayment; (B) the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (C) the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the Secretary: Provided further , That such tenant protection assistance made available under the preceding proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(t) ): Provided further , That any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency, except the replacement vouchers as defined by the Secretary by notice, when the initial family that received any such voucher no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to exist: Provided further , That the Secretary may only provide replacement vouchers for units that were occupied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds; (3) $2,474,117,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $30,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided , That no less than $2,444,117,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year 2022 funding cycle based on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and Work Responsibility Act of 1998 ( Public Law 105–276 ): Provided further , That if the amounts made available under this paragraph are insufficient to pay the amounts determined under the preceding proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment of amounts determined under the preceding proviso, utilize unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading from prior fiscal years, excluding special purpose vouchers, notwithstanding the purposes for which such amounts were appropriated: Provided further , That all public housing agencies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same uniform percentage decrease as under the preceding proviso: Provided further , That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities; (4) $463,174,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), including necessary administrative expenses: Provided , That administrative and other expenses of public housing agencies in administering the special purpose vouchers in this paragraph shall be funded under the same terms and be subject to the same pro rata reduction as the percent decrease for administrative and other expenses to public housing agencies under paragraph (3) of this heading: Provided further , That up to $10,000,000 shall be available only (1) for adjustments in the allocation for public housing agencies, after applications for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in Mainstream renewal costs resulting from unforeseen circumstances, and (2) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate the rental assistance for Mainstream families as a result of insufficient funding: Provided further , That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary: Provided further , That upon turnover, section 811 special purpose vouchers funded under this heading in this or prior Acts, or under any other heading in prior Acts, shall be provided to non-elderly persons with disabilities; (5) Of the amounts provided under paragraph (1) up to $5,000,000 shall be for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided , That such amount shall be made available for renewal grants to recipients that received assistance under prior Acts under the Tribal HUD–VASH program: Provided further , That the Secretary shall be authorized to specify criteria for renewal grants, including data on the utilization of assistance reported by grant recipients: Provided further , That such assistance shall be administered in accordance with program requirements under the Native American Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH program: Provided further , That the Secretary shall be authorized to waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such assistance: Provided further , That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary: Provided further , That the Secretary may reallocate, as determined by the Secretary, amounts returned or recaptured from awards under the Tribal HUD–VASH program under prior Acts to existing recipients under the Tribal HUD–VASH program; (6) $50,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided , That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 203 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further , That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further , That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over; (7) $30,000,000 shall be made available for the family unification program as authorized under section 8(x) of the Act: Provided , That the amounts made available under this paragraph are provided as follows: (A) $5,000,000 shall be for new incremental voucher assistance: Provided , That the assistance made available under this subparagraph shall continue to remain available for family unification upon turnover; and (B) $25,000,000 shall be for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B): Provided , That assistance made available under this subparagraph shall continue to remain available for such eligible youth upon turnover: Provided further , That of the total amount made available under this subparagraph, up to $15,000,000 shall be available on a noncompetitive basis to public housing agencies that partner with public child welfare agencies to identify such eligible youth, that request such assistance to timely assist such eligible youth, and that meet any other criteria as specified by the Secretary: Provided further , That the Secretary shall review utilization of the assistance made available under the preceding proviso, at an interval to be determined by the Secretary, and unutilized voucher assistance that is no longer needed shall be recaptured by the Secretary and reallocated pursuant to the preceding proviso: Provided further , That for any public housing agency administering voucher assistance appropriated in a prior Act under the family unification program, or made available and competitively selected under this paragraph, that determines that it no longer has an identified need for such assistance upon turnover, such agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and reallocate it to any other public housing agency or agencies based on need for voucher assistance in connection with such specified program or eligible youth, as applicable; (8) $75,000,000 shall be for incremental rental voucher assistance under section 8(o) of the United States Housing Act of 1937 for voucher families with young children and for related mobility services, of which up to $16,000,000 may be for one-time eligible expenses defined by notice to facilitate the leasing of such vouchers (such as security deposit assistance and other costs related to the retention and support of participating owners) and for mobility related services that enable families receiving such voucher assistance to move to lower-poverty areas: Provided , That in awarding amounts under this paragraph, the Secretary shall: (A) consider need and administrative capacity; (B) ensure geographic diversity, including with respect to rural areas; and (C) give preference to applicants that provide or will provide preference for individuals and families who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) ), or at risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(1) ), or fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking; and (9) the Secretary shall separately track all special purpose vouchers funded under this heading. HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing and the heading Project-Based Rental Assistance , for fiscal year 2022 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: Provided , That any obligated balances of contract authority from fiscal year 1974 and prior fiscal years that have been terminated shall be rescinded: Provided further , That amounts heretofore recaptured, or recaptured during the current fiscal year, from section 8 project-based contracts from source years fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available. PUBLIC HOUSING FUND For 2022 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ) (the Act ), and to carry out capital and management activities for public housing agencies, as authorized under section 9(d) of the Act ( 42 U.S.C. 1437g(d) ), $8,837,744,000, to remain available until September 30, 2025: Provided , That the amounts made available under this heading are provided as follows: (1) $5,019,000,000 shall be available to the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2022 payments; (2) $25,000,000 shall be available to the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided , That after all such shortfall needs are met, the Secretary may distribute any remaining funds to all public housing agencies on a pro-rata basis pursuant to such Operating Fund formula; (3) $3,615,774,000 shall be available to the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided , That for funds provided under this paragraph, the limitation in section 9(g)(1) of the Act shall be 25 percent: Provided further , That the Secretary may waive the limitation in the preceding proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act: Provided further , That the Secretary shall notify public housing agencies requesting waivers under the preceding proviso if the request is approved or denied within 14 days of submitting the request: Provided further , That from the funds made available under this paragraph, the Secretary shall provide bonus awards in fiscal year 2022 to public housing agencies that are designated high performers: Provided further , That the Department shall notify public housing agencies of their formula allocation within 60 days of enactment of this Act; (4) $75,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug-related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. ) occurring in fiscal year 2022, of which $45,000,000 shall be available for public housing agencies under administrative and judicial receiverships or under the control of a Federal monitor : Provided , That of the amount made available under this paragraph, not less than $10,000,000 shall be for safety and security measures: Provided further , That in addition to the amount in the preceding proviso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2023, for emergency capital needs have been processed, shall be allocated to public housing agencies for such safety and security measures; (5) $65,000,000 shall be for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b )), carbon monoxide, mold, radon, and fire safety: Provided , That not less than $25,000,000 of the amounts provided under this paragraph shall be awarded for evaluating and reducing lead-based paint hazards: Provided further , That for purposes of environmental review, a grant under this paragraph shall be considered funds for projects or activities under title I of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) for purposes of section 26 of such Act ( 42 U.S.C. 1437x ) and shall be subject to the regulations implementing such section: Provided further , That amounts made available under this paragraph shall be combined with amounts made available under the sixth paragraph under this heading in the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) and shall be used in accordance with the purposes and requirements under this paragraph; (6) $15,000,000 shall be to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title; and (7) $23,000,000 shall be to support ongoing public housing financial and physical assessment activities: Provided further , That notwithstanding any other provision of law or regulation, during fiscal year 2022, the Secretary of Housing and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) of the Act regarding the extension of the time periods under such section: Provided further , That for purposes of such section 9(j), the term obligate means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future. CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) unless otherwise specified under this heading), for transformation, rehabilitation, and replacement housing needs of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable mixed income neighborhoods with appropriate services, schools, public assets, transportation and access to jobs, $200,000,000, to remain available until September 30, 2024: Provided , That grant funds may be used for resident and community services, community development, and affordable housing needs in the community, and for conversion of vacant or foreclosed properties to affordable housing: Provided further , That the use of funds made available under this heading shall not be deemed to be for public housing notwithstanding section 3(b)(1) of such Act: Provided further , That grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further , That grantees shall provide a match in State, local, other Federal or private funds: Provided further , That grantees may include local governments, Tribal entities, public housing agencies, and nonprofit organizations: Provided further , That for-profit developers may apply jointly with a public entity: Provided further , That for purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ), and grants made with amounts available under this heading shall be subject to the regulations issued by the Secretary to implement such section: Provided further , That of the amount provided under this heading, not less than $100,000,000 shall be awarded to public housing agencies: Provided further , That such grantees shall create partnerships with other local organizations, including assisted housing owners, service agencies, and resident organizations: Provided further , That the Secretary shall consult with the Secretaries of Education, Labor, Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further , That not more than $5,000,000 of funds made available under this heading may be provided as grants to undertake comprehensive local planning with input from residents and the community: Provided further , That unobligated balances, including recaptures, remaining from funds appropriated under the heading Revitalization of Severely Distressed Public Housing (HOPE VI) in fiscal year 2011 and prior fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated: Provided further , That the Secretary shall make grant awards not later than 1 year after the date of enactment of this Act in such amounts that the Secretary determines: Provided further , That notwithstanding section 24(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437v(o) ), the Secretary may, until September 30, 2024, obligate any available unobligated balances made available under this heading in this or any prior Act. SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2025, $170,000,000: Provided , That the amounts made available under this heading are provided as follows: (1) $120,000,000 shall be for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ), to promote the development of local strategies to coordinate the use of assistance under sections 8 and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency: Provided , That the Secretary may, by Federal Register notice, waive or specify alternative requirements under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order to facilitate the operation of a unified self-sufficiency program for individuals receiving assistance under different provisions of such Act, as determined by the Secretary: Provided further , That owners or sponsors of a multifamily property receiving project-based rental assistance under section 8 of such Act may voluntarily make a Family Self-Sufficiency program available to the assisted tenants of such property in accordance with procedures established by the Secretary: Provided further , That such procedures established pursuant to the preceding proviso shall permit participating tenants to accrue escrow funds in accordance with section 23(d)(2) of such Act and shall allow owners to use funding from residual receipt accounts to hire coordinators for their own Family Self-Sufficiency program; (2) $35,000,000 shall be for the Resident Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 ( 42 U.S.C. 1437z–6 ) and the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled after the Jobs-Plus demonstration: Provided , That funding provided under this paragraph shall be available for competitive grants to partnerships between public housing authorities, local workforce investment boards established under section 107 of the Workforce Innovation and Opportunity Act of 2014 ( 29 U.S.C. 3122 ), and other agencies and organizations that provide support to help public housing residents obtain employment and increase earnings: Provided further , That applicants must demonstrate the ability to provide services to residents, partner with workforce investment boards, and leverage service dollars: Provided further , That the Secretary may allow public housing agencies to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a , 1437d), as necessary to implement the Jobs-Plus program, on such terms and conditions as the Secretary may approve upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective implementation of the Jobs-Plus initiative as a voluntary program for residents: Provided further , That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later than 10 days before the effective date of such notice. NATIVE AMERICAN PROGRAMS For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) ( 25 U.S.C. 4111 et seq. ), title I of the Housing and Community Development Act of 1974 with respect to Indian tribes ( 42 U.S.C. 5306(a)(1) ), and related training and technical assistance, $1,000,000,000, to remain available until September 30, 2026: Provided , That the amounts made available under this heading are provided as follows: (1) $772,000,000 shall be available for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided , That, notwithstanding NAHASDA, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of NAHASDA with the need component based on single-race census data and with the need component based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further , That the Secretary will notify grantees of their formula allocation within 60 days of the date of enactment of this Act; (2) $150,000,000 shall be available for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided , That the Secretary shall obligate this additional amount for competitive grants to eligible recipients authorized under NAHASDA that apply for funds: Provided further , That in awarding this additional amount, the Secretary shall consider need and administrative capacity, and shall give priority to projects that will spur construction and rehabilitation of housing: Provided further , That a grant funded pursuant to this paragraph shall be in an amount not less than $500,000 and not greater than $10,000,000: Provided further , That any funds transferred for the necessary costs of administering and overseeing the obligation and expenditure of such additional amounts in prior Acts may also be used for the necessary costs of administering and overseeing such additional amount; (3) $1,000,000 shall be available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided , That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further , That for fiscal year 2022 funds made available in this Act for the cost of guaranteed notes and other obligations and any unobligated balances, including recaptures and carryover, remaining from amounts appropriated for this purpose under this heading or under the heading Native American Housing Block Grants in prior Acts are available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $50,000,000; (4) $70,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), up to $4,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided , That not to exceed 20 percent of any grant made with funds appropriated under this paragraph shall be expended for planning and management development and administration; and (5) $7,000,000 shall be available for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the inspection of Indian housing units, contract expertise, and for training and technical assistance related to funding provided under this heading and other headings under this Act for the needs of Native American families and Indian country: Provided , That of the funds made available under this paragraph, not less than $2,000,000 shall be available for a national organization as authorized under section 703 of NAHASDA ( 25 U.S.C. 4212 ): Provided further , That amounts made available under this paragraph may be used, contracted, or competed as determined by the Secretary: Provided further , That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 ( 31 U.S.C. 6301–6308 ), the amounts made available under this paragraph may be used by the Secretary to enter into cooperative agreements with public and private organizations, agencies, institutions, and other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA ( 25 U.S.C. 4116 ), the administration of the allocation formula under section 302 of NAHASDA ( 25 U.S.C. 4152 ), and the administration of performance tracking and reporting under section 407 of NAHASDA ( 25 U.S.C. 4167 ). INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ), $3,000,000, to remain available until expended: Provided , That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That an additional $500,000, to remain available until expended, shall be available for administrative contract expenses including management processes to carry out the loan guarantee program: Provided further , That for fiscal year 2022 funds made available in this and prior Acts for the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ), that are unobligated, including recaptures and carryover, are available to subsidize total loan principal, any part of which is to be guaranteed, up to $1,400,000,000, to remain available until September 30, 2023. NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 et seq. ), $15,000,000, to remain available until September 30, 2026: Provided , That notwithstanding section 812(b) of such Act, the Department of Hawaiian Home Lands may not invest grant amounts made available under this heading in investment securities and other obligations: Provided further , That amounts made available under this heading in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the Hawaiian Home Lands, notwithstanding any other provision of law. NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT (INCLUDING RESCISSION) New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ), any part of which is to be guaranteed, shall not exceed $28,000,000 in total loan principal: Provided , That the Secretary may enter into commitments to guarantee loans used for refinancing: Provided further , That any unobligated balances, including recaptures and carryover, remaining from amounts made available under this heading in prior Acts and any remaining total loan principal guarantee limitation associated with such amounts in such prior Acts are hereby rescinded. Community Planning and Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. ), $450,000,000, to remain available until September 30, 2023, except that amounts allocated pursuant to section 854(c)(5) of such Act shall remain available until September 30, 2024: Provided , That the Secretary shall renew or replace all expiring contracts for permanent supportive housing that initially were funded under section 854(c)(5) of such Act from funds made available under this heading in fiscal year 2010 and prior fiscal years that meet all program requirements before awarding funds for new contracts under such section: Provided further , That the process for submitting amendments and approving replacement contracts shall be established by the Secretary in a notice: Provided further , That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act. COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activities, and other purposes, $4,190,444,000, to remain available until September 30, 2025, unless otherwise specified: Provided , That of the total amount provided under this heading, $3,550,000,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended ( 42 U.S.C. 5301 et seq. ) (in this heading the Act ): Provided further , That unless explicitly provided for under this heading, not to exceed 20 percent of any grant made with funds made available under this heading shall be expended for planning and management development and administration: Provided further , That a metropolitan city, urban county, unit of general local government, or insular area that directly or indirectly receives funds under this heading may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but shall use such funds for activities eligible under title I of the Act: Provided further , That notwithstanding section 105(e)(1) of the Act, no funds made available under this heading may be provided to a for-profit entity for an economic development project under section 105(a)(17) unless such project has been evaluated and selected in accordance with guidelines required under subsection (e)(2) of section 105: Provided further , That of the total amount provided under this heading, $25,000,000 shall be for activities authorized under section 8071 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ): Provided further , That the funds allocated pursuant to the preceding proviso shall not adversely affect the amount of any formula assistance received by a State under the first proviso: Provided further , That the Secretary shall allocate the funds for such activities based on the notice establishing the funding formula published in 84 FR 16027 (April 17, 2019) except that the formula shall use age-adjusted rates of drug overdose deaths for 2019 based on data from the Centers for Disease Control and Prevention: Provided further , That of the total amount made available under this heading, $615,444,000 shall be available for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Economic Development Initiatives included in the explanatory statement accompanying this Act: Provided further , That none of the amounts made available in the preceding proviso shall be used for reimbursement of expenses incurred prior to the obligation of funds: Provided further , That the Department of Housing and Urban Development shall notify grantees of their formula allocation within 60 days of enactment of this Act. COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ), during fiscal year 2022, commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ), any part of which is guaranteed, shall not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in subsection (k) of such section 108: Provided , That the Secretary shall collect fees from borrowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further , That such commitment authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obligations issued by any State on behalf of non-entitlement communities in the State in accordance with the requirements of such section 108: Provided further , That any State receiving such a guarantee or commitment under the preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment. HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended ( 42 U.S.C. 12721 et seq. ), $1,450,000,000, to remain available until September 30, 2025: Provided , That notwithstanding section 231(b) of such Act ( 42 U.S.C. 12771(b) ), all unobligated balances remaining from amounts recaptured pursuant to such section that remain available until expended shall be combined with amounts made available under this heading and allocated in accordance with the formula under section 217(b)(1)(A) of such Act ( 42 U.S.C. 12747(b)(1)(A) ): Provided further , That the Department shall notify grantees of their formula allocations within 60 days after enactment of this Act: Provided further , That section 218(g) of such Act ( 42 U.S.C. 12748(g) ) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in any calendar year from 2016 through 2024 under that section: Provided further , That section 231(b) of such Act ( 42 U.S.C. 12771(b) ) shall not apply to any uninvested funds that otherwise were deducted or would be deducted from the line of credit in the participating jurisdiction's HOME Investment Trust Fund in any calendar year from 2018 through 2024 under that section. SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 note), and for related activities and assistance, $65,000,000, to remain available until September 30, 2024: Provided , That the amounts made available under this heading— (1) $15,000,000 shall be for the Self-Help Homeownership Opportunity Program as authorized under such section 11; (2) $41,000,000 shall be for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 note), of which not less than $5,000,000 shall be for rural capacity building activities: Provided , That for purposes of awarding grants from amounts made available in this paragraph, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations; (3) $5,000,000 shall be for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities; (4) $4,000,000, shall be for a program to rehabilitate and modify the homes of disabled or low-income veterans, as authorized under section 1079 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 38 U.S.C. 2101 note): Provided , That the issuance of a Notice of Funding Opportunity for the amounts made available in this paragraph shall be completed not later than 120 days after enactment of this Act and such amounts shall be awarded not later than 180 days after such issuance. HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. ), $3,260,000,000, to remain available until September 30, 2024: Provided , That of the amounts made available under this heading— (1) $290,000,000 shall be for the Emergency Solutions Grants program authorized under subtitle B of such title IV ( 42 U.S.C. 11371 et seq. ): Provided , That the Department shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for the Emergency Solutions Grant program not later than 60 days after enactment of this Act; (2) $2,856,000,000 shall be for the Continuum of Care program authorized under subtitle C of such title IV ( 42 U.S.C. 11381 et seq. ) and the Rural Housing Stability Assistance programs authorized under subtitle D of such title IV ( 42 U.S.C. 11408 ): Provided , That the Secretary shall prioritize funding under the Continuum of Care program to continuums of care that have demonstrated a capacity to reallocate funding from lower performing projects to higher performing projects: Provided further , That the Secretary shall provide incentives to create projects that coordinate with housing providers and healthcare organizations to provide permanent supportive housing and rapid re-housing services: Provided further , That of the amounts made available for the Continuum of Care program under this paragraph, not less than $52,000,000 shall be for grants for new rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities that the Secretary determines to be critical in order to assist survivors of domestic violence, dating violence, sexual assault, or stalking: Provided further , That amounts made available for the Continuum of Care program under this heading in this Act and any remaining unobligated balances from prior Acts may be used to competitively or non-competitively renew or replace grants for youth homeless demonstration projects under the Continuum of Care program, notwithstanding any conflict with the requirements of the Continuum of Care program; (3) $7,000,000 shall be for the national homeless data analysis project: Provided , That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 ( 31 U.S.C. 6301–6308 ), the amounts made available under this paragraph and any remaining unobligated balances under this heading for such purposes in prior Acts may be used by the Secretary to enter into cooperative agreements with such entities as may be determined by the Secretary, including public and private organizations, agencies, and institutions; and (4) $107,000,000 shall be to implement projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided , That of the amount made available under this paragraph, not less than $25,000,000 shall be for youth homelessness system improvement grants to support communities, including but not limited to the communities assisted under the matter preceding this proviso, in establishing and implementing a response system for youth homelessness, or for improving their existing system: Provided further , That of the amount made available under this paragraph, up to $10,000,000 shall be to provide technical assistance to communities, including but not limited to the communities assisted in the preceding proviso and the matter preceding such proviso, on improving system responses to youth homelessness, and collection, analysis, use, and reporting of data and performance measures under the comprehensive approaches to serve homeless youth, in addition to and in coordination with other technical assistance funds provided under this title: Provided further , That the Secretary may use up to 10 percent of the amount made available under the preceding proviso to build the capacity of current technical assistance providers or to train new technical assistance providers with verifiable prior experience with systems and programs for youth experiencing homelessness: Provided further , That youth aged 24 and under seeking assistance under this heading shall not be required to provide third party documentation to establish their eligibility under subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ) to receive services: Provided further , That unaccompanied youth aged 24 and under or families headed by youth aged 24 and under who are living in unsafe situations may be served by youth-serving providers funded under this heading: Provided further , That persons eligible under section 103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served by any project funded under this heading to provide both transitional housing and rapid re-housing: Provided further , That for all matching funds requirements applicable to funds made available under this heading for this fiscal year and prior fiscal years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further , That none of the funds made available under this heading shall be available to provide funding for new projects, except for projects created through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and ranked based on the degree to which they improve the continuum of care's system performance: Provided further , That any unobligated amounts remaining from funds made available under this heading in fiscal year 2012 and prior years for project-based rental assistance for rehabilitation projects with 10-year grant terms may be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further , That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading in fiscal year 2019 or prior years, except for rental assistance amounts that were recaptured and made available until expended, shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated. Housing Programs PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) ( the Act ), not otherwise provided for, $13,570,000,000, to remain available until expended, shall be available on October 1, 2021 (in addition to the $400,000,000 previously appropriated under this heading that became available October 1, 2021), and $400,000,000, to remain available until expended, shall be available on October 1, 2022: Provided , That the amounts made available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11401 ), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this heading: Provided further , That of the total amounts provided under this heading, not to exceed $355,000,000 shall be available for performance-based contract administrators for section 8 project-based assistance, for carrying out 42 U.S.C. 1437(f) : Provided further , That the Secretary may also use such amounts in the preceding proviso for performance-based contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing Act ( 12 U.S.C. 1715z–1(a) ); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); section 236(f)(2) rental assistance payments ( 12 U.S.C. 1715z–1(f)(2) ); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q ); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ); project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667); and loans under section 202 of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667): Provided further , That amounts recaptured under this heading, the heading Annual Contributions for Assisted Housing , or the heading Housing Certificate Fund , may be used for renewals of or amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated: Provided further , That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes the Department or a housing finance agency to require that surplus project funds be deposited in an interest-bearing residual receipts account and that are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to be available until expended: Provided further , That amounts deposited pursuant to the preceding proviso shall be available in addition to the amount otherwise provided by this heading for uses authorized under this heading. HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 5-year term, for senior preservation rental assistance contracts, including renewals, as authorized by section 811(e) of the American Homeownership and Economic Opportunity Act of 2000 ( 12 U.S.C. 1701q note), and for supportive services associated with the housing, $956,000,000 to remain available until September 30, 2025: Provided , That of the amount made available under this heading, up to $125,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects: Provided further , That any funding for existing service coordinators under the preceding proviso shall be provided within 120 days of enactment of this Act: Provided further , That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 projects: Provided further , That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further , That upon request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2025: Provided further , That amounts deposited in this account pursuant to the preceding proviso shall be available, in addition to the amounts otherwise provided by this heading, for the purposes authorized under this heading: Provided further , That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated: Provided further , That of the total amount made available under this heading, up to $6,000,000 shall be used by the Secretary to support preservation transactions of housing for the elderly originally developed with a capital advance and assisted by a project rental assistance contract under the provisions of section 202(c) of the Housing Act of 1959. HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, for project assistance contracts pursuant to subsection (h) of section 202 of the Housing Act of 1959, as added by section 205(a) of the Housing and Community Development Amendments of 1978 ( Public Law 95–557 : 92 Stat. 2090), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $227,000,000, to remain available until September 30, 2025: Provided , That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects: Provided further , That, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2025: Provided further , That amounts deposited in this account pursuant to the preceding proviso shall be available in addition to the amounts otherwise provided by this heading for the purposes authorized under this heading: Provided further , That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be used for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated. HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available until September 30, 2023, including up to $4,500,000 for administrative contract services: Provided , That funds shall be used for providing counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management or literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training: Provided further , That for purposes of awarding grants from amounts provided under this heading, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations. PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. ), up to $14,000,000, to remain available until expended, of which $14,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e) of such Act ( 42 U.S.C. 5419(e) ): Provided , That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further , That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation from the general fund estimated at zero, and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2022 appropriation: Provided further , That for the dispute resolution and installation programs, the Secretary may assess and collect fees from any program participant: Provided further , That such collections shall be deposited into the Trust Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected under section 620 of such Act, for necessary expenses of such Act: Provided further , That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers that are paid directly by the recipients of their services. Federal Housing Administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2023: Provided , That during fiscal year 2022, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $1,000,000: Provided further , That the foregoing amount in the preceding proviso shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund: Provided further , That for administrative contract expenses of the Federal Housing Administration, $150,000,000, to remain available until September 30, 2023: Provided further , That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2022, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000: Provided further , That notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act ( 12 U.S.C. 1715z–20(g) ), during fiscal year 2022 the Secretary may insure and enter into new commitments to insure mortgages under section 255 of the National Housing Act only to the extent that the net credit subsidy cost for such insurance does not exceed zero. GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2023: Provided , That during fiscal year 2022, gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $1,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of single family real properties owned by the Secretary and formerly insured under such Act. Government National Mortgage Association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) ), shall not exceed $900,000,000,000, to remain available until September 30, 2023: Provided , That $36,000,000, to remain available until September 30, 2023, shall be for necessary salaries and expenses of the Office of Government National Mortgage Association: Provided further , That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2022, an additional $100 for necessary salaries and expenses shall be available until expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $3,000,000: Provided further , That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act ( 12 U.S.C. 1716 et seq. ) shall be credited as offsetting collections to this account. Policy Development and Research RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. ), including carrying out the functions of the Secretary of Housing and Urban Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for technical assistance, $105,000,000, to remain available until September 30, 2023: Provided , That with respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into cooperative agreements with philanthropic entities, other Federal agencies, State or local governments and their agencies, Indian Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further , That with respect to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the cost of the project: Provided further , That for non-competitive agreements entered into in accordance with the preceding two provisos, the Secretary shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 , 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545(a)(4)(C) ) with respect to documentation of award decisions: Provided further , That prior to obligation of technical assistance funding, the Secretary shall submit a plan to the House and Senate Committees on Appropriations on how the Secretary will allocate funding for this activity at least 30 days prior to obligation: Provided further , That none of the funds provided under this heading may be available for the doctoral dissertation research grant program. Fair Housing and Equal Opportunity FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), and section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ), $85,000,000, to remain available until September 30, 2023: Provided , That notwithstanding section 3302 of title 31, United States Code, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to develop on-line courses and provide such training: Provided further , That none of the funds made available under this heading may be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan: Provided further , That of the funds made available under this heading, $1,000,000 shall be available to the Secretary for the creation and promotion of translated materials and other programs that support the assistance of persons with limited English proficiency in utilizing the services provided by the Department of Housing and Urban Development. Office of Lead Hazard Control and Healthy Homes LEAD HAZARD REDUCTION For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and for related activities and assistance, $400,000,000, to remain available until September 30, 2024: Provided , That the amounts made available under this heading are provided as follows: (1) $300,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $95,000,000 shall be provided to areas with the highest lead-based paint abatement needs; (2) $90,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 of such amounts shall be for the implementation of projects in up to five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $15,000,000 of such amounts shall be for grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-income elderly homeowners to enable them to remain in their primary residence: Provided , That of the total amount made available under this subparagraph no less than $5,000,000 shall be available to meet such needs in communities with substantial rural populations; (3) $5,000,000 shall be for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992; and (4) $5,000,000 shall be for grants for a radon testing and mitigation safety demonstration program (the radon demonstration) in public housing: Provided , That the testing method, mitigation method, or action level used under the radon demonstration shall be as specified by applicable state or local law, if such law is more protective of human health or the environment than the method or level specified by the Secretary: Provided further , That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program, or other demonstrations or programs under this heading or under prior appropriations Acts for such purposes under this heading, or under the heading Housing for the Elderly under prior Appropriations Acts, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further , That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a notice of funding availability: Provided further , That amounts made available under this heading, except for amounts in paragraphs (2)(B) for home modification repairs and renovations, in this or prior appropriations Acts, still remaining available, may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed. Information Technology Fund For Department-wide and program-specific information technology systems and infrastructure, $300,000,000, to remain available until September 30, 2024, of which up to $40,000,000 shall be for development, modernization, and enhancement activities, including planning for such activities: Provided , That not more than 10 percent of the funds made available under this heading for development, modernization, and enhancement may be obligated until the Secretary submits a plan to the House and Senate Committees on Appropriations for approval that— (A) identifies for each development, modernization, and enhancement project to be funded from available balances, including carryover: (i) plain language summaries of the project scope; (ii) the estimated total project cost; and (iii) key milestones to be met; and (B) identifies for each major modernization project: (i) the functional and performance capabilities to be delivered and the mission benefits to be realized; (ii) the estimated life-cycle cost; (iii) key milestones to be met through the project end date, including any identified system decommissioning; (iv) a description of the governance structure for the project and the number of HUD staff and contractors supporting the project; and (v) certification from the Chief Information Officer that each project is compliant with the Department’s enterprise architecture, life-cycle management and capital planning and investment control requirements: Provided further , That not later than 30 days after the end of each quarter, the Secretary shall submit an updated report to the Committees on Appropriations of the House of Representatives and the Senate summarizing the status, cost and plan for all modernization projects; and for each major modernization project with an approved project plan, identifying: (A) results and actual expenditures of the prior quarter; (B) any variances in cost, schedule, or functionality from the previously approved project plan, reasons for such variances and estimated impact on total life-cycle costs; and (C) risks and mitigation strategies associated with ongoing work. Office of Inspector General For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $140,000,000: Provided , That the Inspector General shall have independent authority over all personnel issues within this office. General Provisions—Department of Housing and Urban Development (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSION) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437f note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. 202. None of the funds made available by this Act may be used during fiscal year 2022 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 ). 204. Section 7 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535 ) is amended by adding at the end the following new subsection: (u) (1) Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 ). (2) Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for such corporation or agency except as hereinafter provided: Provided , That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in an appropriations Act (unless such loans are in support of other forms of assistance provided for in appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. . 205. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 206. The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 207. None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). 208. Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) is amended by adding the following new subsection: (l) Authority to transfer project-Based assistance and debt (1) In general Notwithstanding any other provision of law, subject to the conditions listed under this section, the Secretary may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (2) Phased transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under paragraph (3). (3) Conditions The transfer authorized in paragraph (1) is subject to the following conditions: (A) Number and bedroom size of units (i) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (ii) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (B) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with state or Federal requirements for community integration and reduced concentration of individuals with disabilities. (C) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (D) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (E) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (F) The Secretary determines that this transfer is in the best interest of the tenants. (G) If either the transferring project or the receiving project or projects meets the condition specified in paragraph (4)(B)(i), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any lien insured by the Federal Housing Administration transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (H) If the transferring project meets the requirements of paragraph (4)(A), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions; and (I) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974( 2 U.S.C. 661a )) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost. (4) For purposes of this section— (A) the terms low-income and very low-income shall have the meanings provided in section 3 of this Act; (B) the term multifamily housing project means housing that meets one of the following conditions— (i) housing that is subject to a mortgage insured under the National Housing Act; (ii) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (iii) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (iv) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (v) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 8013 ); or (vi) housing or vacant land that is subject to a use agreement; (C) the term project-based assistance means— (i) assistance provided under subsection (b) of this section; (ii) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under subsection (b)(2) of this section (as such section existed immediately before October 1, 1983); (iii) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); (iv) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z–1 ); (v) assistance payments made under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(2) ); and (vi) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ); (D) the term receiving project or projects means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred; and (E) the term transferring project means the multifamily housing project which is transferring some or all of the project-based assistance, debt, and the statutorily required low-income and very low-income use restrictions to the receiving project or projects. (5) Implementation The Secretary shall implement this subsection by publishing notice in the Federal Register. . 209. Section 3 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a ) is amended by adding the following new subsection: (g) Restrictions on assistance and eligibility (1) No assistance shall be provided under section 8 of this Act to any individual who— (A) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); (B) is under 24 years of age; (C) is not a veteran; (D) is unmarried; (E) does not have a dependent child; (F) is not a person with disabilities, as such term is defined in subsection (b)(3)(E) of this section and was not receiving assistance under such section 8 as of November 30, 2005; (G) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (H) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of this Act. (2) For purposes of determining the income of a person under section 8 of this Act, any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), from private sources, or from an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), shall be considered income to that individual, except for a person over the age of 23 with dependent children. . 210. The funds made available for Native Alaskans under paragraph (1) under the heading Native American Programs in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005, and only such recipients shall be eligible to apply for funds made available under paragraph (2) of such heading. 211. Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) is amended by adding the following subsection: (m) Maintaining rental assistance programs during the disposition of multifamily property (1) Authority Notwithstanding any other provision of law, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary, and during the process of foreclosure on any property with a contract for rental assistance payments under this section or other programs administered by the Secretary, the Secretary shall maintain any rental assistance payments under this section and other programs that are attached to any dwelling units in the property. (2) Cost considerations To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (A) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments, if applicable, under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA ) ( 42 U.S.C. 1437f note); and (B) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (3) Continuation of contract The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. (4) Post-disposition After disposition of any multifamily property described under this subsection, the contract and allowable rent levels on such properties shall be subject to the requirements of MAHRAA. . 212. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided , That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements. 213. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ,(e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(1) , (2)): Provided , That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under paragraph (1) or (2) of section 9(g). 214. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts Executive Offices , Administrative Support Offices , Program Offices , Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account , and Office of Inspector General within the Department of Housing and Urban Development. 215. The Secretary shall, for fiscal year 2022, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2022, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary. 216. Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. 217. The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings Administrative Support Offices or Program Offices to any other such office under such headings: Provided , That no appropriation for any such office under such headings shall be increased or decreased by more than 10 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further , That the Secretary shall provide notification to such Committees 3 business days in advance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less. 218. (a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract. (b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) or a contract for similar project-based assistance— (1) receives a Uniform Physical Condition Standards (UPCS) score of 60 or less; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies identified by the inspector at the project have been corrected. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), but shall not apply to such units assisted under section 8(o)(13) of such Act ( 42 U.S.C. 1437f(o)(13) ) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ). (c) (1) Within 15 days of the issuance of the Real Estate Assessment Center ( REAC ) inspection, the Secretary shall provide the owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract administrator. If the owner's appeal results in a UPCS score of 60 or above, the Secretary may withdraw the Notice of Default. (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; (C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA ); and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 60 or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include— (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract. The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report. 219. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ), may be used by any public housing agency for any amount of salary, including bonuses, for the chief executive officer of which, or any other official or employee of which, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any public housing agency fiscal year 2022. 220. None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 221. None of the funds made available by this Act may be used to require or enforce the Physical Needs Assessment (PNA). 222. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 223. None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )) with respect to grants under section 106 of such Act ( 42 U.S.C. 5306 ). 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 234 of this Act. 225. None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline. 226. With respect to grant amounts awarded under the heading “Homeless Assistance Grants” for fiscal years 2015 through 2022 for the Continuum of Care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient's CoC program. 227. (a) From amounts made available under this title under the heading Homeless Assistance Grants , the Secretary may award 1–year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) to transition from one Continuum of Care program component to another. (b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary. 228. None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled Affirmatively Furthering Fair Housing (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled Affirmatively Furthering Fair Housing Assessment Tool (79 Fed. Reg. 57949 (September 26, 2014)). 229. The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements. 230. None of the amounts made available in this Act may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator funding provided in this Act. 231. Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 ( 42 U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds (except for special purpose funding, including special purpose vouchers) previously allocated to any such public housing agency under section 8 or 9 of the United States Housing Act of 1937, including any reserve funds held by the public housing agency or funds held by the Department of Housing and Urban Development, pursuant to the authority for use of section 8 or 9 funding provided under such section and section 204 of title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–28), notwithstanding the purposes for which such funds were appropriated. 232. None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading Public Housing Fund for competitive grants to evaluate and reduce lead-based paint hazards in this Act or that remain available and not awarded from prior Acts, or be used to prohibit a public housing agency from using such funds to carry out any required work pursuant to a settlement agreement, consent decree, voluntary agreement, or similar document for a violation of the Lead Safe Housing or Lead Disclosure Rules. 233. None of the funds made available by this title may be used to issue rules or guidance in contravention of section 1210 of Public Law 115–254 (132 Stat. 3442) or section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ). 234. Except as otherwise provided in this Act, none of the funds provided in this title, provided by previous appropriations Acts to the Department of Housing and Urban Development that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury derived by the collection of fees and available to the Department of Housing and Urban Development, shall be available for obligation or expenditure through a reprogramming of funds that— (1) For Program and Information Technology funds— (A) initiates or creates a new program, project, or activity; (B) eliminates a program, project, or activity; (C) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (D) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (E) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; or (F) reduces existing programs, projects, or activities by $5,000,000 or 10 percent whichever is less; (2) For Salaries and Expenses funds— (A) assigns personnel or hires to support the creation of a new program, project, or activity not previously included in the President's budget; (B) increases the personnel or other resources for any program, project, or activity for which funds have been denied or restricted by the Congress; (C) relocates or closes an office; or (D) creates, reorganizes or restructures an office, division, branch, board or administration, which shall include the transfer of any function from one organizational unit to another organizational unit; unless prior written notification is provided to, and approval is received from the House and Senate Committees on Appropriations. 235. Not later than 60 days after the date of enactment of this Act, the Department of Housing and Urban Development shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) for program and information technology funds, a delineation in the table for each appropriation and its respective prior year enacted level by program, project, and activity as detailed in this Act, the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committees on Appropriations, or the budget appendix for the respective appropriation, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided; (3) for salaries and expenses funds, an organizational chart for each office that includes detail to the branch level, and clearly identifies those organizational units to which paragraph (2) shall be applied; and (4) an identification of items of special congressional interest. 236. The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 ( Public Law 112–55 ), as most recently amended by Public Law 115–141 , is further amended— (1) in the initial undesignated matter, by striking and Public Housing Operating Fund and inserting , Public Housing Operating Fund , and Public Housing Fund ; (2) in the second proviso, by striking 2024 and inserting 2028 ; (3) in the fourth proviso by striking 455,000 and inserting 500,000 ; (4) after the fourth proviso, by inserting the following new provisos: Provided further , That at properties with assistance under section 9 of the Act requesting to partially convert such assistance, and where an event under section 18 of the Act occurs that results in the eligibility for tenant protection vouchers under section 8(o) of the Act, the Secretary may convert the tenant protection voucher assistance to assistance under a project-based subsidy contract under section 8 of the Act, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997, or assistance under section 8(o)(13) of the Act, so long as the property meets any additional requirements established by the Secretary to facilitate conversion: Provided further , That to facilitate the conversion of assistance under the preceding proviso, the Secretary may transfer an amount equal to the total amount that would have been allocated for tenant protection voucher assistance for properties that have requested such conversions from amounts made available for tenant protection voucher assistance under the heading Tenant-Based Rental Assistance to the heading Project-Based Rental Assistance : ; (5) in the twelfth proviso, as reordered above, by (A) inserting Public Housing Fund , Self-Sufficiency Programs , Family Self-Sufficiency following Public Housing Operating Fund , ; and (B) inserting or the ongoing availability of services for residents after effective conversion of assistance under the demonstration ; (6) after the nineteenth proviso, as reordered above, by inserting the following new proviso: Provided further , That conversions of assistance under the following provisos herein shall be considered as the Second Component and shall be authorized for fiscal year 2012 and thereafter: ; (7) by striking the twenty-first proviso, as reordered above, and inserting the following four provisos: Provided further , That owners of properties assisted under section 101 of the Housing and Urban Development Act of 1965, section 236(f)(2) of the National Housing Act, or section 8(e)(2) of the United States Housing Act of 1937, for which an event after October 1, 2006 has caused or results in the termination of rental assistance or affordability restrictions and the issuance of tenant protection vouchers under section 8(o) of the Act shall be eligible, subject to requirements established by the Secretary, for conversion of assistance available for such vouchers or assistance contracts to assistance under a long term project-based subsidy contract under section 8 of the Act: Provided further , That owners of properties with a project rental assistance contract under section 202(c)(2) of the Housing Act of 1959 shall be eligible, subject to requirements established by the Secretary, including but not limited to the subordination, restructuring, or both, of any capital advance documentation, including any note, mortgage, use agreement or other agreements, evidencing or securing a capital advance previously provided by the Secretary under section 202(c)(1) of the Housing Act of 1959 as necessary to facilitate the conversion of assistance while maintaining the affordability period and the designation of the property as serving elderly persons, and tenant consultation procedures, for conversion of assistance available for such assistance contracts to assistance under a long term project-based subsidy contract under section 8 of the Act: Provided further , That owners of properties with a project rental assistance contract under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act, shall be eligible, subject to requirements established by the Secretary, including but not limited to the subordination, restructuring, or both, of any capital advance documentation, including any note, mortgage, use agreement or other agreements, evidencing or securing a capital advance previously provided by the Secretary under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act as necessary to facilitate the conversion of assistance while maintaining the affordability period and the designation of the property as serving persons with disabilities, and tenant consultation procedures, for conversion of assistance contracts to assistance under a long term project-based subsidy contract under section 8 of the Act: Provided further , That long term project-based subsidy contracts under section 8 of the Act which are established under this Second Component shall have a term of no less than 20 years, with rent adjustments only by an operating cost factor established by the Secretary, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note), or, subject to agreement of the administering public housing agency, to assistance under section 8(o)(13) of the Act, to which the limitation under subsection (B) of section 8(o)(13) of the Act shall not apply and for which the Secretary may waive or alter the provisions of subparagraphs (C) and (D) of section 8(o)(13) of the Act: ; (8) after the twenty-fifth proviso, as reordered above, by inserting the following new proviso: Provided further , That the Secretary may waive or alter the requirements of section 8(c)(1)(A) of the Act for contracts provided to properties converting assistance from section 202(c)(2) of the Housing Act of 1959 or section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act as necessary to ensure the ongoing provision and coordination of services or to avoid a reduction in project subsidy: ; and (9) in the thirty-first proviso, as reordered above, by— (A) striking heading Housing for the Elderly and inserting headings Housing for the Elderly and Housing for Persons with Disabilities ; and (B) inserting or section 811 project rental assistance contract after section 202 project rental assistance contract . 237. In this fiscal year, if the Secretary determines or has determined that, in any prior formula allocation administered by the Secretary under any account under the headings Public and Indian Housing , Community Planning and Development and Housing Programs under this title, a recipient received an allocation larger than the amount such recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust for any such funding error from available balances in the next feasible formula allocation cycle by (a) offsetting each such recipient’s formula allocation (if eligible for a formula allocation in such subsequent cycle) by the amount of any such funding error; and (b) re-allocating the offset amount to the recipient or recipients that would have been allocated the funds in the cycle in which any such error occurred (if eligible for a formula allocation under such subsequent cycle) in an amount proportionate to such subsequent cycle’s formula amount or formula component amount: Provided , That all offsets and reallocations from such available balances shall be recognized in the fiscal year of such adjustments instead of the fiscal year of any error, notwithstanding any inconsistent fiscal year accounting or other requirements: Provided further , That if, upon request by a recipient and giving consideration to all Federal resources available to the recipient for that purpose, the Secretary determines that the offset in such subsequent formula allocation would critically impair the recipient’s ability to accomplish the purpose of the grant, the Secretary may adjust for the funding error in two or more formula cycles and reallocate such offset amounts in accordance with (b) in the matter preceding the first proviso. 238. (a) Funds previously made available in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 ( Public Law 113–2 , division A; 127 Stat. 36) under the heading Department of Housing and Urban Development—Community Planning and Development—Community Development Fund that were available for obligation through fiscal year 2017 are to remain available through fiscal year 2025 for the liquidation of valid obligations incurred in fiscal years 2013 through 2017. (b) Emergency Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022 and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. 239. Any obligated balances from amounts made available for project-based vouchers under the heading Permanent Supportive Housing in chapter 6 of title III of Public Law 110–252 may be used for tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). 240. Notwithstanding any other provision of law, including section 208 of the National Housing Act (12 U.S.C. 1714 (Taxation Provisions)), as of the enactment of this provision, no 1 to 4 unit property with a mortgage insured, guaranteed, made, or held by the Secretary of Housing and Urban Development shall be subject as priming lien securing repayment of to a new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing without the PACE loan or equivalent financing provider obtaining prior written consent from the Secretary of HUD, subject to such terms and conditions as the Secretary may prescribe: Provided , That any new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing that is entered into by a PACE Provider absent such consent shall be deemed void ab initio and the PACE Provider shall bear all costs associated with the transactions with no recourse against the homeowner resulting from the PACE transaction, including all costs incurred by any holder of an insured or guaranteed mortgage or the Secretary in obtaining good and marketable title: Provided further , That any Property Assessed Clean Energy (PACE or R-PACE) assessments will not have a lien priority above a lien for any mortgage insured, guaranteed, made, or held by the Secretary of Housing and Urban Development. 241. (a) With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants in the Department of Housing and Urban Development Appropriations Act, 2021 ( Public Law 116–260 ), under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a ), or in this title, Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and Title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to applications by or awards for projects to be carried out— (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities as defined in section 401 of the McKinney-Vento Homeless-Assistance Act ( 42 U.S.C. 11360 ). (b) With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants in this title or under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a )— (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) ( 25 U.S.C. 4112 ), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12706 ) and section 403 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11361 ); (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of NAHASDA ( 25 U.S.C. 4112 ); and (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) ). This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2022 . III RELATED AGENCIES Access Board SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ), $9,750,000: Provided , That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. Federal Maritime Commission SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 46107 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; and uniforms or allowances therefore, as authorized by sections 5901 and 5902 of title 5, United States Code, $32,869,000: Provided , That not to exceed $3,500 shall be for official reception and representation expenses. National Railroad Passenger Corporation Office of Inspector General SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 ( 5 U.S.C. App. 3 ), $26,248,000: Provided , That the Inspector General shall have all necessary authority, in carrying out the duties specified in such Act, to investigate allegations of fraud, including false statements to the Government under section 1001 of title 18, United States Code, by any person or entity that is subject to regulation by the National Railroad Passenger Corporation: Provided further , That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided further , That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within the National Railroad Passenger Corporation: Provided further , That concurrent with the President’s budget request for fiscal year 2023, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2023 in similar format and substance to budget requests submitted by executive agencies of the Federal Government. National transportation safety board SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $123,400,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided , That the amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital lease. Neighborhood reinvestment corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 ), $163,000,000: Provided , That an additional $3,000,000, to remain available until September 30, 2025, shall be for the promotion and development of shared equity housing models. Surface transportation board SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $39,152,000: Provided , That, notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further , That the amounts made available under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2022, to result in a final appropriation from the general fund estimated at not more than $37,902,000. United states interagency council on homelessness OPERATING EXPENSES For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,800,000. IV GENERAL PROVISIONS—THIS ACT 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in titles I or III of this Act, provided by previous appropriations Acts to the agencies or entities funded in titles I or III of this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by titles I or III of this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided , That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further , That the report shall include— (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2022 from appropriations made available for salaries and expenses for fiscal year 2022 in this Act, shall remain available through September 30, 2023, for each such account for the purposes authorized: Provided , That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines under sections 234 and 405 of this Act. 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided , That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities: Provided further , That any use of funds for mass transit, railroad, airport, seaport or highway projects, as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields as defined in the Small Business Liability Relief and Brownfields Revitalization Act ( Public Law 107–118 ) shall be considered a public use for purposes of eminent domain. 408. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 409. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 410. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S.C. 8301–8305 , popularly known as the Buy American Act ). 411. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act ( 41 U.S.C. 8301–8305 ). 412. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 413. (a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. (b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law. 414. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided , That for purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. 415. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 417. (a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. (b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 418. None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations. 419. (a) Section 4117 and subsections (a) and (b) of section 4195 of title 25, United States Code are amended by striking 2013 and inserting 2023 . (b) Section 4243 of title 25, United States Code, and paragraphs (5)(C) and (7) of subsection (j) of section 1715z–13b of title 12, United States Code, are amended by striking , 2002, 2003, 2004, and 2005 and inserting through 2023 . (c) Section 1715z–13a(i)(5)(C) of title 12, United State Code, is amended by striking 2012 and inserting 2023 . V Reforming Disaster Recovery Act Short title 501. This title may be cited as the Reforming Disaster Recovery Act . Findings 502. Congress finds that— (1) following a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the subset of communities that are most impacted and distressed as a result of the disaster face critical social, economic, and environmental obstacles to recovery, including insufficient public and private resources to address disaster-related housing and community development needs for lower income households and distressed communities; (2) unmet disaster recovery needs, including housing assistance needs, can be especially widespread among persons with extremely low, low, and moderate incomes; (3) economic, social, and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery, especially after catastrophic major disasters; (4) States, units of local government, and Indian Tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs, but face inadequate financial, technical, and staffing capacity to plan and carry out sustained recovery, restoration, and mitigation activities; (5) the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief, long-term recovery, restoration of housing and infrastructure, and economic revitalization, primarily for the benefit of low- and moderate-income persons; (6) undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing, including affordable rental housing, as part of long-term recovery can significantly reduce future fiscal and social costs, especially within high-risk areas, and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience; and (7) the general welfare and security of the nation and the health and living standards of its people require targeted resources to support State and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit persons of low and moderate income. Definitions 503. In this Act: (1) Department The term Department means the Department of Housing and Urban Development. (2) Fund The term Fund means the Long-Term Disaster Recovery Fund established under section 505. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. Duties of the Department of Housing and Urban Development 504. (a) In general The offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency, the Small Business Administration, and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) that demonstrate capacity constraints; and (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery, and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies. (b) Establishment of the Office of Disaster Management and Resiliency Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following: (i) Office of Disaster Management and Resiliency (1) Establishment There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties The Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities. . Long-Term Disaster Recovery Fund 505. (a) Establishment There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund. (b) Deposits, transfers, and credit (1) In general The Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers The following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) ) as a result of actions taken under section 104(e), 111, or 123(j) of such Act. (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund. (3) Use of transferred amounts Amounts transferred to the Fund shall be used for the eligible uses described in subsection (c). (c) Eligible uses of fund (1) In general Amounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 506; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside Of each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds Amounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development , or any successor account, for the Department to carry out activities described in paragraph (1)(B); and (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in any Act before the establishment of the Fund. (d) Interchangeability of prior administrative amounts Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development , or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts. (e) Availability of amounts Amounts appropriated, transferred and credited to the Fund shall remain available until expended. (f) Formula allocation Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 506. (g) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ) for grants under section 123 of the Housing and Community Development Act of 1974, as added by section 506. Establishment of CDBG disaster recovery program 506. Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended— (1) in section 102(a) ( 42 U.S.C. 5302(a) )— (A) in paragraph (20)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) ; and (iii) by inserting after subparagraph (A) the following: (B) The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2)(C) ), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa. ; and (B) by adding at the end the following: (25) The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). ; (2) in section 106(c)(4) ( 42 U.S.C. 5306(c)(4) )— (A) in subparagraph (A)— (i) by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) ; (ii) inserting States for use in nonentitlement areas and to before metropolitan cities ; and (iii) inserting major after affected by the ; (B) in subparagraph (C)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; (ii) by striking city or county and inserting State, city, or county ; and (iii) by inserting major before disaster ; (C) in subparagraph (D), by striking metropolitan cities and and inserting States, metropolitan cities, and ; (D) in subparagraph (F)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; and (ii) by inserting major before disaster ; and (E) in subparagraph (G), by striking metropolitan city or and inserting State, metropolitan city, or ; and (3) in section 122 ( 42 U.S.C. 5321 ), by striking disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) and inserting major disaster ; and (4) by adding at the end the following: 123. Community development block grant disaster recovery program (a) Authorization, formula, and allocation (1) Authorization The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 505 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice (A) In general Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment In the notice issued under subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be no more than 30 percent of the total estimate of unmet needs. (5) Regulations (A) In general The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements The formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance, or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas. (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold The Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds (A) In general The Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding (A) In general To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula in paragraph (4) or (5). (B) Amount (i) Maximum The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding Preliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of paragraph (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive requirements of this section in accordance with subsection (i). (F) Amended award (i) In general An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (h)(1) and (f)(1) and other requirements on grant funds under this section. (G) Technical assistance Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability The Secretary— (1) is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a); and (2) shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (c) Grantee plans (1) Requirement Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low- and moderate-income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (5); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval The Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit (A) Use of funds Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income residents have been addressed; and (ii) issues a waiver and alternative requirements pursuant to subsection (i) to lower the percentage. (B) Regulations The Secretary shall, by regulation, establish protocols consistent with the findings of section 502 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization The grantee shall prioritize activities that— (A) assist persons with extremely low, low, and moderate incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation (A) In general A grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities With respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and federally subsidized housing. (7) Disaster risk mitigation (A) Definition In this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973( 42 U.S.C. 4012a(a) ). (D) Consideration of future risks The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation (A) In general The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers and alternative requirements authorized in accordance with subsection (i). (B) Policy Each grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3 or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting (1) In general The Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets (A) Suspension If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting (A) Requirement to report A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by income, geography, and all classes of individuals protected under section 109. (C) Summary status reports To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations In carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities (1) In general Activities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning (A) In general The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities (A) In general Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers and alternative requirements in accordance with subsection (i). (g) Environmental review (1) Adoption A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures (1) In general The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits (A) In general Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply A grantee that fails to comply with subparagraph (A) shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers (1) In general In administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 502 of the Reforming Disaster Recovery Act . (2) Effective date A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification The Secretary shall notify the public of all waivers described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ). (j) Unused amounts (1) Deadline to use amounts A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds Notwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension. . Regulations 507. (a) Proposed rules Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules. (b) Final rules Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 506. Coordination of disaster recovery assistance, benefits, and data with other Federal agencies 508. (a) Coordination of disaster recovery assistance In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 506. (b) Data sharing agreements To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property. (c) Data transfer from FEMA and SBA to HUD As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits. (d) Data transfers from HUD to HUD grantees The Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies. (e) Data transfers from HUD grantees to HUD, FEMA, and SBA (1) Reporting Grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information The Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance. (f) Privacy protection The Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters a computer matching agreement with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), or any other law, the Secretary is authorized to share data with an entity identified in subsection (d), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall— (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3045is/xml/BILLS-117s3045is.xml
|
117-s-3046
|
II 117th CONGRESS 1st Session S. 3046 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Daines (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To codify the authority of the Secretary of Agriculture and the Secretary of the Interior to conduct certain landscape-scale forest restoration projects, and for other purposes.
1. Short title This Act may be cited as the Root and Stem Project Authorization Act of 2021 . 2. Root and Stem projects (a) Definitions In this section: (1) Collaborative process The term collaborative process means a process that— (A) includes multiple interested persons representing diverse interests; and (B) (i) is transparent and nonexclusive; or (ii) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ). (2) Eligible entity The term eligible entity means a private person or other public or private entity with which the Secretary concerned enters into an agreement or contract under section 604(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(b) ). (3) Federal land The term Federal land means— (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (4) Root and Stem project The term Root and Stem project means a project under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c )— (A) proposed prior to completing the environmental review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) that satisfies the requirements described in subsections (c) and (d). (5) Secretary concerned The term Secretary concerned means, as applicable— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; or (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (b) Authorization The Secretary concerned may enter into a contract or agreement with an eligible entity to conduct a Root and Stem project. (c) Requirements (1) Period The period of a contract or agreement entered into under subsection (b) may not exceed 10 years. (2) Requests for proposals The Secretary concerned, in coordination with State and local stakeholders, shall— (A) identify areas well-suited to conduct Root and Stem projects; and (B) issue requests for proposals for Root and Stem projects, including, at a minimum— (i) the total acreage and boundaries of the proposed Root and Stem project area; (ii) the land management objectives of the applicable unit of Federal land to be achieved by the Root and Stem project; and (iii) monitoring and performance standards for the Root and Stem project. (d) Environmental analyses and project design (1) In general The environmental analysis and review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a Root and Stem project shall be conducted— (A) after the applicable contract or agreement is entered into under subsection (b); and (B) by an independent third party approved by the Secretary concerned in accordance with paragraph (2). (2) Review and approval of independent third parties The Secretary concerned shall— (A) review an independent third party selected by an eligible entity carrying out a Root and Stem project, including a review for any conflict of interest between the independent third party and the eligible entity; and (B) approve that independent third party if the Secretary concerned determines that— (i) there is no conflict of interest described in subparagraph (A); and (ii) the approval is otherwise appropriate. (3) Authority of Secretary concerned Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a Root and Stem project on Federal land shall be made by the Secretary concerned. (4) Services under stewardship contracts In determining the cost of services received under a contract or agreement entered into under subsection (b) in accordance with section 604(d)(4)(A) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d)(4)(A) ), the Secretary concerned shall apply the cost to the eligible entity associated with work performed to develop and complete an environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the applicable Root and Stem project. (5) Collaborative process The Secretary concerned shall ensure that a collaborative process is used to design and implement a Root and Stem project. (6) Oversight Not later than 60 days after the date of enactment of this Act, the Secretary concerned shall provide a notification and guidance to each local field office of the Forest Service and the Bureau of Land Management establishing a process for— (A) monitoring the integrity and development of the environmental analyses for Root and Stem projects; (B) reviewing and approving an independent third party under paragraph (2); (C) ensuring compliance with paragraph (5); and (D) carrying out corrective actions if an eligible entity carrying out a Root and Stem project does not comply with this section or any other applicable provision of law, including with respect to whether to issue a decision notice and when to require changes or additions to the environmental analysis if appropriate. (e) Judicial review (1) In general Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ) shall apply to the judicial review of a Root and Stem project in the same manner as that section applies to the judicial review of an authorized hazardous fuel reduction project (as defined in section 101 of that Act ( 16 U.S.C. 6511 )). (2) Statute of limitations No legal action challenging a Root and Stem project or any activity under a Root and Stem project may be brought more than 120 days after the later of— (A) the date on which the Secretary concerned provides public notice of the award of a contract or agreement to carry out the Root and Stem project; and (B) the date on which the Secretary concerned issues a decision approving the Root and Stem project. (3) Injunctions A court shall not enjoin a Root and Stem project authorized under this section that is developed and implemented through a collaborative process if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3046is/xml/BILLS-117s3046is.xml
|
117-s-3047
|
II 117th CONGRESS 1st Session S. 3047 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Portman (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To establish a pilot program to support medical residency and fellowship programs that assist veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans Pro Bono Corps Act of 2021 . 2. Pilot program to support medical residency and fellowship programs that assist veterans (a) Pilot program required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of providing assistance to eligible recipients to establish or maintain programs that assist veterans applying for compensation under chapter 11 of title 38, United States Code, in substantiating their claims with independent medical examinations and opinions. (b) Eligible recipients For purposes of the pilot program required by subsection (a), an eligible recipient is an entity that— (1) is administering a medical residency or medical fellowship program in the United States or a territory of the United States; and (2) is accredited by a nationally recognized accrediting agency. (c) Duration The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the commencement of the pilot program. (d) Grants The Secretary shall carry out the pilot program required by subsection (a) through the award of grants to eligible recipients to establish or maintain programs as described in such subsection. (e) Competitive process The Secretary shall establish a competitive process for the award of the grants under the pilot program required by subsection (a). (f) Selection of grant recipients In awarding grants under the pilot program required by subsection (a), the Secretary may give preference to an eligible recipient located in a rural area or an underserved area. (g) Use of grant funds (1) In general Each eligible recipient receiving a grant under the pilot program required by subsection (a) shall use the grant to establish or maintain a program as described in such subsection in which medical residents or fellows provide pro bono medical examinations and opinions for the purposes described in such subsection. (2) Requirements For each program established or maintained with amounts from a grant under the pilot program— (A) medical residents and fellows shall practice under the supervision of attending physicians in accordance with such supervisory requirements as the Secretary shall prescribe in regulations; (B) each attending physician providing such supervision shall be in good standing with the medical licensing board of each State in which the attending physician is licensed; (C) each medical resident and fellow shall be in good standing with— (i) the program established or maintained with amounts from the grant; and (ii) the medical licensing board of each State in which the resident or fellow is licensed; (D) each medical resident, fellow, and attending physician shall undergo training that is substantially the same as or equivalent to training required for medical examiners of the Veterans Health Administration or contractors of the Department who conduct medical examinations for purposes of supporting claims for compensation under chapter 11 of title 38, United States Code; (E) medical residents shall be in their second year or later of a medical residency; (F) the program shall not charge veterans fees for the services provided; (G) the program shall screen individual applicants who are veterans using such income eligibility criteria as the Secretary shall prescribe in regulations; (H) the recipient of the grant shall, on an annual basis, provide the Secretary with an accounting of how the recipient has used and allocated grant funds; and (I) the program shall meet such other criteria as the Secretary may prescribe in regulations. (h) Forms The Secretary shall provide to each recipient of a grant under the pilot program required by subsection (a) all current disability benefits questionnaire forms of the Department of Veterans Affairs. (i) Outreach Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in partnership with veterans service organizations, implement an informative outreach program for veterans regarding the availability of services from programs established or maintained under the pilot program required by subsection (a). (j) Rule of construction (1) Voluntary participation Participation by any veteran in the pilot program required by subsection (a) shall be voluntary. (2) Right to medical examination Nothing in this section shall be construed to invalidate or replace the right of a veteran to a medical examination provided by an employee or contractor of the Department of Veterans Affairs under section 5103A(d) of title 38, United States Code. (k) Annual reports (1) In general Not less frequently than once each year for the duration of the pilot program required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Contents To the extent feasible, each report submitted under paragraph (1) shall include the following: (A) The average time to complete medical examinations and opinions under the pilot program during the period covered by the report. (B) The number of medical examinations and opinions completed under the pilot program during such period. (C) The number of veterans served under the pilot program during such period. (D) The number of cases during such period in which personnel of the Veterans Benefits Administration or the Board of Veterans’ Appeals found a medical examination or opinion under the pilot program to be inadequate for purposes of adjudicating a claim for compensation under chapter 11 of title 38, United States Code. (E) An analysis by the Secretary regarding the operational effectiveness and cost-effectiveness of the services provided under the pilot program. (F) Such suggestions as the Secretary may have for legislative or administrative action to improve the pilot program. (l) Definitions In this section: (1) Rural area The term rural area means an area classified as rural by the Bureau of the Census. (2) Underserved area The term underserved area means an area that meets one or more of the following criteria: (A) The area has a high proportion of individuals who have limited access to health care. (B) The area has a high proportion of individuals who have limited access to legal services. (3) Veterans service organization The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3047is/xml/BILLS-117s3047is.xml
|
117-s-3048
|
II 117th CONGRESS 1st Session S. 3048 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Casey (for himself, Mr. Kaine , Ms. Smith , Mr. Blumenthal , Ms. Klobuchar , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes.
1. Short title This Act may be cited as the Higher Education Mental Health Act of 2021 . 2. Findings and Purposes (a) Findings Congress finds the following: (1) More than 75 percent of mental health conditions begin before the age of 24. (2) More than 25 percent of students between the ages of 18 and 24 reported a mental health concern. (3) More than 50 percent of students between the ages of 18 and 24 reported having a severe psychological problem. (4) More than 50 percent of students between the ages of 18 and 24 reported feelings of hopelessness. (5) Higher education counseling centers are devoting more time to rapid-response treatment with more than 25 percent of students who sought help reporting they had intentionally hurt themselves. (6) Over a 5-year period, counseling center utilization increased by an average of 30 to 40 percent, while enrollment increased by only 5 percent, forcing institutions to stretch mental health services to more students without increasing resources. (b) Purposes The purposes of this Act are the following: (1) To ensure States and institutions of higher education are provided with accurate information on the mental health concerns facing students. (2) To provide detailed recommendations that institutions of higher education, States, and the Federal Government can take to improve the mental health services available to students and properly treat the rising number of students with mental health issues. 3. Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education (a) In general The Secretary of Education shall establish a commission to be known as the Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education (referred to in this section as the Commission ). (b) Membership (1) Total number of members The Commission shall include not more than 20 members, who shall be appointed by the Secretary of Education in accordance with paragraphs (2) and (3). (2) Members of the commission The Commission shall include 1 representative from each of the following: (A) The Office of Postsecondary Education of the Department of Education. (B) The Office of Special Education and Rehabilitation Services of the Department of Education. (C) The Office of Civil Rights of the Department of Education. (D) The Office of Civil Rights of the Department of Justice. (E) The National Council on Disability. (F) A membership association for administrative and personnel professionals focused on creating an inclusive higher education environment for individuals with disabilities, as determined by the Secretary of Education. (G) An organization that represents the Protection and Advocacy for Individuals with Mental Illness program. (H) An organization operated by and representing secondary and postsecondary education students with mental health disabilities advocating for mental health services and suicide prevention. (I) An organization representing college and university counseling directors. (3) Additional members of the commission In addition to the members included under paragraph (2), the Commission shall include the following: (A) Four members from leadership of institutions of higher education who have demonstrated experience in successfully supporting the retention and graduation of students with mental health disabilities, including from counseling and psychiatric services staff. With respect to such 4 members, 1 member shall be a staff member of a 2-year degree-granting institution of higher education, 1 member shall be a staff member from a 4-year degree-granting institution of higher education, 1 member shall be a member of campus law enforcement, and 1 member shall serve as a general counsel. Such 4 members shall represent institutions of differing sizes. (B) Three members from family members of individuals who are— (i) enrolled in an institution of higher education on the date such family member is appointed to the Commission; or (ii) former students with a mental health disability. (C) Four members from individuals with mental health disabilities, including not less than 2 individuals enrolled in an institution of higher education on the date of appointment to the Commission. Any remaining member shall be an individual with a mental health disability who has attended an institution of higher education. (4) Timing The Secretary of Education shall establish the Commission and appoint the members of the Commission not later than 60 days after the date of enactment of this Act. (c) Chairperson and vice chairperson The Commission shall select a chairperson and vice chairperson from among the members of the Commission. Either the chairperson or the vice chairperson shall be a student or former student with a mental health disability. (d) Meetings (1) In general The Commission shall meet at the call of the chairperson, but not less often than 8 times. (2) First meeting Not later than 60 days after the appointment of the members of the Commission under subsection (b), the Commission shall hold the Commission’s first meeting. (e) Duties The Commission shall conduct a study, using the highest quality and most representative data and research available, and prepare a report for the Secretary of Education that includes the following: (1) Findings from stakeholders, including through solicitation of public testimony, related to the challenges faced by students with mental health disabilities in institutions of higher education, including— (A) the services available to students with mental health disabilities in institutions of higher education and their effectiveness in supporting these students; (B) the impact of policies and procedures that help or hinder the goal of providing equal opportunity for students with mental health disabilities, such as reasonable accommodation policies, mandatory and voluntary leave policies, and disciplinary policies; (C) the use of protected health information of students with mental health disabilities by institutions of higher education, including the extent to which campus-based mental health providers share this information with college or university officials without student consent; and (D) the impact of providing mental health services on a student’s academic performance, well-being, and ability to complete college. (2) Conclusions on the major challenges facing students with mental health disabilities in institutions of higher education. (3) Recommendations to improve the overall education, and retention and graduation, of students with mental health disabilities in institutions of higher education, with the goal of helping these students access educational opportunities equal to those of their non-disabled peers. (f) Commission personnel matters (1) Travel expenses The members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Notwithstanding section 1342 of title 31, United States Code, the Secretary of Education may accept the voluntary and uncompensated services of members of the Commission. (2) Staff The Secretary of Education may designate such personnel as may be necessary to enable the Commission to perform its duties. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption of loss of civil service status or privilege. (4) Facilities, equipment, and services The Secretary of Education shall make available to the Commission, under such arrangements as may be appropriate, necessary equipment, supplies, and services. (g) Reports (1) Interim and final reports The Commission shall prepare and submit to the Secretary of Education, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives— (A) an interim report that summarizes the progress of the Commission, along with any interim findings, conclusions, and recommendations as described in subsection (e); and (B) a final report that states final findings, conclusions, and recommendations as described in subsection (e). (2) Preparation and submission The reports described in paragraph (1) shall be prepared and submitted— (A) in the case of the interim report, not later than 1 year after the date on which all the members of the Commission are appointed; and (B) in the case of the final report, not later than 2 years after the date on which all the members of the Commission are appointed. (h) Termination The Commission shall terminate on the day after the date on which the Commission submits the final report under subsection (g).
|
https://www.govinfo.gov/content/pkg/BILLS-117s3048is/xml/BILLS-117s3048is.xml
|
117-s-3049
|
II 117th CONGRESS 1st Session S. 3049 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Van Hollen (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes.
1. Short title This Act may be cited as the Fresh Start Act of 2021 . 2. Establishment (a) In general The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility A State shall be eligible for a grant under this Act if— (1) the State has in effect a covered expungement law; (2) the covered expungement law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum— (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic record expungement or sealing for individuals eligible for record expungement or sealing; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automatic record expungement or sealing infrastructure. 3. Use of grant amounts A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. 4. Reporting requirements (a) In general A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of data for reporting In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. 5. Definitions In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (2) The term automatic means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term covered expungement law means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. 6. Authorization of appropriations There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3049is/xml/BILLS-117s3049is.xml
|
117-s-3050
|
II 117th CONGRESS 1st Session S. 3050 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Markey (for himself, Mr. Merkley , Mr. Brown , Mr. Durbin , Mr. Booker , Mr. Padilla , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To remove limitations under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs on benefits for persons in custody pending disposition of charges.
1. Short title This Act may be cited as the Equity in Pretrial Health Coverage Act . 2. Removal of inmate limitation on benefits under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs (a) Medicaid The subdivision (A) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) that follows paragraph (31) is amended by inserting or in custody pending disposition of charges after patient in a medical institution . (b) Medicare Section 1862(a)(3) of the Social Security Act ( 42 U.S.C. 1395y(a)(3) ) is amended by inserting in the case of services furnished to individuals who are in custody pending disposition of charges, after 1880(e), . (c) CHIP Section 2110(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1397jj(b)(2)(A) ) is amended by inserting (except as an individual in custody pending disposition of charges) after inmate of a public institution . (d) Modification of inmate limitation on health care benefits from Department of Veterans Affairs The Secretary of Veterans Affairs shall modify section 17.38(c)(5) of title 38, Code of Federal Regulations, or successor regulations, to ensure that the exclusion of veterans who are inmates from eligibility for health care from the Department of Veterans Affairs under such section does not apply to veterans who are in custody pending disposition of charges. (e) Effective dates (1) In general The amendments made by subsections (a), (b), and (c) shall take effect on the 1st day of the 1st calendar quarter that begins more than 60 days after the date of enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date. (2) Department of Veterans Affairs Subsection (d) shall take effect on the date of enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3050is/xml/BILLS-117s3050is.xml
|
117-s-3051
|
II 117th CONGRESS 1st Session S. 3051 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Rounds (for himself, Mr. Heinrich , Ms. Smith , Mr. Luján , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
1. Short title This Act may be cited as the Indian Buffalo Management Act . 2. Findings; purposes (a) Findings Congress finds that— (1) buffalo sustained a majority of Indian Tribes in North America for many centuries before buffalo were nearly exterminated by non-Indian hunters in the mid-1800s; (2) the historical, cultural, and spiritual connection between buffalo and Indian Tribes has not diminished over time; (3) Indian Tribes have long desired the reestablishment of buffalo throughout Indian country for cultural, spiritual, and subsistence purposes; and (4) the successful restoration of buffalo would allow an Indian Tribe to benefit from— (A) the reintroduction of buffalo into the diets of the members of the Indian Tribe; (B) the rekindling of the spiritual and cultural relationship between buffalo and the Indian Tribe; and (C) the use of buffalo for economic development, in the case of an Indian Tribe that chooses to use buffalo for economic development. (b) Purposes The purposes of this Act are— (1) to fulfill the government-to-government relationship between Tribal governments and the United States in the management of buffalo and buffalo habitat; (2) to promote and develop the capacity of Indian Tribes and Tribal organizations to manage buffalo and buffalo habitat; (3) to protect, conserve, and enhance buffalo, which are important to the subsistence, culture, and economic development of many Indian Tribes; (4) to promote the development and use of buffalo and buffalo habitat for the maximum practicable benefit of Indian Tribes and Tribal organizations, through management of buffalo and buffalo habitats in accordance with integrated resource management plans developed by Indian Tribes and Tribal organizations; (5) to develop buffalo herds and increase production of buffalo in order to meet Tribal subsistence, health, cultural, and economic development needs; and (6) to promote the inclusion of Indian Tribes and Tribal organizations in Department of the Interior, local, regional, national, or international— (A) decisionmaking processes; and (B) forums. 3. Definitions In this Act: (1) Buffalo The term buffalo means an animal of the subspecies Bison bison bison. (2) Buffalo habitat The term buffalo habitat means Indian land that is managed for buffalo. (3) Department The term Department means the Department of the Interior. (4) Indian land The term Indian land has the meaning given the term in paragraph (2) of section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ), except that, in that paragraph, the term Indian reservation shall be considered to have the meaning given the term Indian reservation in paragraph (3) of that section, without regard to the date specified in paragraph (3) of that section. (5) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Secretary The term Secretary means the Secretary of the Interior. (7) Tribal organization The term Tribal organization means a legally established organization of Indians that is chartered under section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) ( 25 U.S.C. 5124 ) with demonstrable experience in the restoration of buffalo and buffalo habitat on Indian land. 4. Buffalo resource management (a) Program established The Secretary shall establish a permanent program within the Department for the purposes of— (1) promoting and developing the capacity of Indian Tribes and Tribal organizations to manage buffalo and buffalo habitat; (2) promoting the ability of Indian Tribes and Tribal organizations to protect, conserve, and enhance populations of buffalo that are owned by Indian Tribes or Tribal organizations; (3) promoting the development and use of buffalo and buffalo habitat for the maximum practicable benefit of Indian Tribes and Tribal organizations; and (4) promoting the inclusion of Indian Tribes and Tribal organizations in Department, international, national, regional, and local decisionmaking and forums regarding buffalo and buffalo habitat. (b) Contracts and grants authorized (1) In general The Secretary shall enter into contracts and cooperative agreements with, and award grants to, Indian Tribes and Tribal organizations to enable the Indian Tribes and Tribal organizations— (A) to plan, conduct, or implement a buffalo restoration or management program; (B) to plan and execute commercial activities related to buffalo or buffalo products; or (C) to carry out other activities relating to buffalo restoration and management. (2) No diminishment of laws and regulations Nothing in this subsection diminishes any Federal or State law (including regulations) regarding diseased buffalo or buffalo that escape from Indian land. (c) Technical assistance The Secretary shall provide technical assistance to an Indian Tribe or Tribal organization that enters into a contract or cooperative agreement or receives a grant under this section to assist the Indian Tribe or Tribal organization in— (1) carrying out the activities of a buffalo or buffalo habitat restoration or management program; and (2) implementing the activities described in subparagraphs (A) through (C) of subsection (b)(1). 5. Consultation; coordination (a) Consultation Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the Secretary shall consult with Indian Tribes and Tribal organizations on initiatives of the Department that affect buffalo or buffalo habitat, including efforts of the Department to contain or eradicate diseased buffalo. (b) Coordination The Secretary shall develop a policy relating to buffalo and buffalo habitat management activities on Indian land, in accordance with— (1) the goals and objectives described in buffalo management programs approved by Indian Tribes; and (2) Tribal laws and ordinances. 6. Protection of information Notwithstanding any other provision of law, the Secretary shall not disclose or cause to be disclosed any information provided to the Secretary by an Indian Tribe or Tribal organization that is identified by the Indian Tribe or Tribal organization as culturally sensitive, proprietary, or otherwise confidential. 7. Buffalo from Federal land (a) In general The Secretary may enter into an agreement with an Indian Tribe or Tribal organization to dispose of surplus buffalo on Federal land administered by the Department, as applicable, by transporting such buffalo onto Indian land. (b) Application An Indian Tribe or Tribal organization may submit to the Secretary an application to receive buffalo described in subsection (a) at such time, in such manner, and containing such information as the Secretary may require. (c) Waiver of charges The Secretary may waive any charges for the buffalo described in subsection (a), including any deposit or payment for services as described in section 10.2 of title 36, Code of Federal Regulations (or any successor regulation). 8. Treaty rights retained Nothing in this Act alters, modifies, diminishes, or extinguishes the treaty rights of any Indian Tribe. 9. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $14,000,000 for fiscal year 2022 and each fiscal year thereafter.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3051is/xml/BILLS-117s3051is.xml
|
117-s-3052
|
II 117th CONGRESS 1st Session S. 3052 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Markey (for himself, Mr. Rubio , Mr. Durbin , Mr. Tillis , Ms. Warren , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote free and fair elections, democracy, political freedoms, and human rights in Cambodia, and for other purposes.
1. Short title This Act may be cited as the Cambodia Democracy and Human Rights Act of 2021 . 2. Findings Congress finds the following: (1) On October 23, 1991, Cambodia and 18 other countries signed the Comprehensive Cambodian Peace Agreement (commonly referred to as the Paris Peace Agreements ), which committed Cambodia to a democratic system of governance protected by a constitution and free and fair elections and stated that the people of Cambodia shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments . (2) Prime Minister Hun Sen has been in power in Cambodia since 1984 and is the longest-serving leader in Southeast Asia. Despite decades of international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia continues to be undemocratically dominated by the ruling Cambodian People's Party. (3) In 2015, the Cambodian People's Party-controlled National Assembly adopted the Law on Associations and Non-Governmental Organizations, which gave the Government of Cambodia sweeping powers to revoke the registration of nongovernmental organizations in the name of national unity , and which the government has used to restrict the legitimate work of civil society. (4) On August 23, 2017, Cambodia’s Ministry of Foreign Affairs ordered the closure of the National Democratic Institute office in Cambodia and the expulsion of its foreign staff. On September 15, 2017, Prime Minister Hun Sen called for the withdrawal of all volunteers from the United States Peace Corps, which has operated in Cambodia since 2006 with approximately 500 United States volunteers providing English language and healthcare training. (5) The Government of Cambodia has taken several measures to restrict its media environment, especially through politicized tax investigations against independent media outlets that resulted in the closure of The Cambodia Daily and Radio Free Asia in early September 2017. Additionally, the Government of Cambodia has ordered several radio stations to stop the broadcasting of Radio Free Asia and Voice of America programming. (6) Cambodia’s small number of independent trade unions and workers have the right to strike, but many face retribution for doing so, according to Freedom House. (7) Each of the 6 elections that have taken place in Cambodia since 1991 was conducted in circumstances that were not free and fair, and were marked, to varying degrees, by fraud, intimidation, violence, and the misuse by the Government of Cambodia of legal mechanisms to weaken opposition candidates and parties. The 2017 local elections were marked by fewer reported irregularities, however, which helped the opposition Cambodia National Rescue Party (in this section referred to as the CNRP ). Hun Sen responded to those improvements in elections, resulting in part from international assistance and observers, by banning the CNRP, the primary opposition party, on November 16, 2017. (8) On September 3, 2017, Kem Sokha, the President of the CNRP, was arrested on politically motivated charges, including treason and conspiring to overthrow the Government of Cambodia. While he was released on bail, he faces up to 30 years in prison. His trial has been delayed due to the coronavirus disease 2019 (commonly known as COVID–19 ) pandemic and will likely not resume in 2021. (9) In the most recent general election in July 2018, following the dissolution of the CNRP, the Cambodian People's Party secured every parliamentary seat, an electoral victory that the White House Press Secretary stated was neither free nor fair and failed to represent the will of the Cambodian people . (10) The widespread crackdown by the Government of Cambodia on the political opposition and other independent voices has caused many CNRP leaders to flee abroad. According to Human Rights Watch, on March 12, 2019, a court criminally charged and issued arrest warrants for 8 leading members of the CNRP, including former CNRP leader Sam Rainsy, who had left Cambodia ahead of the July 2018 election, as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann. (11) The Government of Cambodia has arrested many opposition party members and democracy activists who remained in Cambodia. More than 80 opposition party supporters and activists were arrested in 2019 and were released on bail with charges still pending and could face re-arrest any time. (12) In November 2019, Sam Rainsy made a failed attempt to return to Cambodia to partake in mass pro-democracy protests. Approximately 150 CNRP activists were put on trial in 2020 and 2021 for treason for calling for his return. (13) In March 2021, a Cambodian court convicted and sentenced Sam Rainsy in absentia to 25 years in prison and 8 other opposition figures living in exile, including Rainsy’s wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol, to between 20 and 22 years. (14) Prime Minister Hun Sen has used the COVID–19 pandemic as justification to further consolidate power and the Cambodia People's Party-controlled National Assembly passed new laws to further curtail the rights to freedom of expression, peaceful assembly, and association. (15) According to Human Rights Watch, under the guise of the pandemic, authorities— (A) banned protests organized by youth and environmental activists; (B) detained and interrogated at least 30 people for Facebook posts related to the pandemic; and (C) charged one journalist for pandemic-related reporting. (16) According to Freedom House, Hun Sen uses the police and armed forces as instruments of repression. The military has stood firmly behind Hun Sen and his crackdown on opposition groups and Hun Sen has built a personal bodyguard unit in the armed forces that he reportedly uses to harass and abuse Cambodian People's Party opponents. (17) In August 2020, 14 youth and environmental activists were detained by Cambodian authorities. In May 2021, 3 environmental activists were convicted on charges of incitement to commit a felony or disturb social order , related to peaceful protests against authorities. In June 2021, a Cambodian court charged 3 environmental activists with plotting against the government and insulting the king . The 2020 Country Reports on Human Rights Practices of the Department of State reported at least 40 political prisoners or detainees in Cambodia. (18) In 2019, the Wall Street Journal reported that Cambodia had signed a deal with the Government of the People's Republic of China to allow that Government access to and use of the Ream Naval Base on the Gulf of Thailand, which would violate the Constitution of Cambodia, which prohibits the establishment of foreign military bases. (19) In 2019, the New York Times reported that a company described by the Department of the Treasury as being a state-owned company of the People's Republic of China had secured a 99-year lease to build an airport capable of supporting military aircraft at Dara Sakor, raising concerns that Beijing intends to use this dual-use facility for its military, which would violate the Constitution of Cambodia. (20) In section 401 of the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ; 132 Stat. 5407), Congress expressed serious concerns with the rule of law and civil liberties in Cambodia and made the finding that the promotion of human rights and respect for democratic values in the Indo-Pacific region is in the United States national security interest. (21) The 2020 Country Reports on Human Rights Practices of the Department of State stated, of Cambodia, Corruption was endemic throughout society and government. There were reports police, prosecutors, investigating judges, and presiding judges took bribes from owners of both legal and illegal businesses. Citizens frequently and publicly complained about corruption. Meager salaries contributed to survival corruption among low-level public servants, while a culture of impunity enabled corruption to flourish among senior officials. . (22) Section 7043(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public Law 115–141 ; 132 Stat. 918) and section 201(f) of the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ; 132 Stat. 5392) restrict assistance to Cambodia until the Government of Cambodia takes effective steps to— (A) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; and (B) respect the rights and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993, including through the— (i) restoration of the civil and political rights of the opposition Cambodia National Rescue Party, media, and civil society organizations; (ii) restoration of all elected officials to their elected offices; and (iii) release of all political prisoners, including journalists, civil society activists, and members of the opposition political party. (23) On December 9, 2019, the Department of the Treasury imposed sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to certain corrupt Cambodian actors and their networks. (24) In February 2019, the European Union began intense scrutiny of Cambodia’s eligibility to for preferential trade access in light of the deterioration of democracy, the rule of law, and the protection of human rights in Cambodia. In February 2020, the European Union, Cambodia's largest export market, partially suspended trade preferences for Cambodia under its Everything but Arms trade program, in response to Cambodia's violations of civil and political rights. 3. Sense of Congress It is the sense of Congress that— (1) the United States is committed to promoting democracy, human rights, and the rule of law in Cambodia, as laid out in the 1991 Paris Peace Agreements; (2) the United States Government, through diplomacy and assistance, must urge the Government of Cambodia to— (A) release all political prisoners; (B) drop all politically motivated charges and vacate convictions against members of the Cambodia National Rescue Party, journalists, and civil society activists; and (C) restore full political rights to the Cambodia National Rescue Party and other political parties; (3) the United States Government should urge the Government of Cambodia— (A) to reverse the policies and actions that have resulted in the dismantling of democracy, the blatant disregard of fundamental human rights, and the breakdown of rule of law in Cambodia; (B) to immediately discontinue the imprisonment and judicial harassment of journalists, political dissidents, and activists, and drop politically motivated charges; (C) to halt the threat of mass arrests and violence if and when Cambodia National Rescue Party members currently overseas return to Cambodia; (D) to reinstate the political status of the Cambodia National Rescue Party and other opposition parties, restore the Cambodia National Rescue Party’s elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free and fair elections monitored by international observers; (E) to ensure that media outlets are able to operate freely and without interference, including having the ability to apply for and receive licenses to operate within Cambodia; and (F) to consider how allowing the People’s Liberation Army to conduct activities, gain access, or establish a presence in Cambodia would harm Cambodia’s relationships with its neighbors, partners, and allies, and violate the Constitution of Cambodia; (4) Prime Minister Hun Sen is directly responsible, and should be held accountable, for the safety, health, and welfare of exiled Cambodia National Rescue Party leaders and their supporters upon their return to Cambodia; (5) other governments throughout the Indo-Pacific region should— (A) urge the Government of Cambodia to allow the peaceful return of exiled Cambodia National Rescue Party leaders and their supporters; and (B) refrain from illegally restricting the rights of Cambodia National Rescue Party members to travel to and through their countries as they return; and (6) in the absence of systemic democratic reforms on the part of the Government of Cambodia, there is need for additional United States Government measures, including through legislation and executive action. 4. Sanctions relating to undermining democracy in Cambodia (a) Identification of persons responsible for undermining democracy in Cambodia (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of— (A) each foreign person, including any senior official of the Government, military, or security forces of Cambodia, who the President determines has, on or after such date of enactment— (i) directly and substantially undermined democracy in Cambodia, including through the use of baseless legal charges, malicious prosecution, or mass trials; (ii) committed or directed serious human rights violations associated with undermining democracy in Cambodia; or (iii) engaged in or directed acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (B) each foreign person owned or controlled by an official described in subparagraph (A). (2) Updates The President shall submit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. (b) Imposition of sanctions The President shall impose the following sanctions with respect to each foreign person on the list required by subsection (a): (1) Asset blocking The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an individual, that individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of the individual shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual’s possession. (c) Exceptions (1) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under subsection (b)(1) shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (2) Exception to comply with international obligations Sanctions under subsection (b)(2) shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (d) Waiver The President may waive the application of sanctions under subsection (b) with respect to a foreign person on the list required by subsection (a) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. (e) Suspension of sanctions (1) Suspension The requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the President determines and certifies to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (A) Ending government efforts to undermine democracy. (B) Ending human rights violations associated with undermining democracy. (C) Releasing all political prisoners. (D) Dropping all politically motivated charges and vacating convictions from any such charges against members of the Cambodia National Rescue Party, journalists, and civil society activists. (E) Conducting free and fair elections that allow for the active participation of credible opposition candidates. (2) Renewal of suspension The suspension of sanctions under paragraph (1) may be renewed for additional, consecutive one-year periods if the President determines and certifies to the appropriate congressional committees that Cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification. (f) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Sunset This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 5. Report on activity of the People’s Liberation Army and Government of the People’s Republic of China in Cambodia Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing— (1) the involvement of the Government of the People’s Republic of China or the People’s Liberation Army in upgrading existing facilities or constructing new facilities at Ream Naval Base and Dara Sakor Airport in Cambodia; (2) any actual or projected benefits, including any enhancement of the power projection capabilities of the People’s Liberation Army, that the Government of the People’s Republic of China or the People’s Liberation Army may accrue as a result of such upgrades or construction; (3) the impact that the presence of the People’s Liberation Army in Cambodia may have on the interests, allies, and partners of the United States in the region; (4) any efforts undertaken by the United States Government to convey to the Government of Cambodia the concerns relating to the presence of the People’s Liberation Army and the Government of the People’s Republic of China in Cambodia and the impact that presence could have on adherence to the Constitution of Cambodia; and (5) the impact the presence of the People’s Liberation Army in Cambodia, as well as closer government-to-government ties between Cambodia and the Government of the People’s Republic of China, including through investments under the Belt and Road Initiative, has had on the deterioration of democracy and human rights inside Cambodia. 6. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person The term foreign person means a person that is not a United States person. (3) People’s Liberation Army The term People’s Liberation Army means the armed forces of the People’s Republic of China. (4) Person (A) In general The term person means— (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (B) Application to governmental entities The term person does not include a government or governmental entity that is not operating as a business enterprise. (5) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3052is/xml/BILLS-117s3052is.xml
|
117-s-3053
|
II 117th CONGRESS 1st Session S. 3053 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Booker (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Weather Research and Forecasting Innovation Act of 2017 to require the Administrator of the National Oceanic and Atmospheric Administration to develop a plan and national guidance document to improve precipitation estimates, and for other purposes.
1. Short title This Act may be cited as the Providing Research and Estimates of Changes In Precipitation Act or the PRECIP Act . 2. Amendment to the Weather Research and Forecasting Innovation Act of 2017 to improve Federal precipitation information (a) In general The Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8501 et seq. ) is amended by adding at the end the following: VI Improvement of Federal precipitation information 601. Study on precipitation estimation (a) In general Not later than 90 days after the date of the enactment of the PRECIP Act , the Administrator, in consultation with other Federal agencies as appropriate, shall seek to enter an agreement with the National Academies under which the National Academies shall— (1) conduct a study on the state of practice and research needs for precipitation estimation, including probable maximum precipitation estimation; and (2) not later than 2 years after the date on which such agreement is finalized— (A) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of the study conducted under paragraph (1); and (B) make the report submitted under subparagraph (A) publicly available on a website. (b) Report on study The report submitted under subsection (a)(2)(A) shall include the following: (1) An examination of the current state of practice for precipitation estimation at scales appropriate for the needs of decisionmakers, and rationale for further evolution of that field. (2) An evaluation of best practices for precipitation estimation that— (A) are based on the best available science, including assumptions of non-stationarity; and (B) can be utilized by the user community. (3) A framework for— (A) the development of a national guidance document for estimating extreme precipitation; and (B) evaluation of the strengths and challenges of the full spectrum of approaches for such estimation, including for probable maximum precipitation studies. (4) A description of existing research needs in the field of precipitation estimation in order to modernize current methodologies and incorporate the best available science. (5) A description of in-situ, airborne, and space-based observation requirements that could enhance precipitation estimation and development of models, including an examination of the use of geographic information systems and geospatial technology for integration, analysis, and visualization of precipitation data. (6) A recommended plan for a Federal research and development program, including specifications for costs, timeframes, and responsible agencies for addressing identified research needs. (7) An analysis of the respective roles in precipitation estimation of various Federal agencies, academia, State, tribal, territorial, and local governments, and other public and private stakeholders. (8) Recommendations for data management to promote long-term needs such as enabling retrospective analyses and data discoverability, interoperability, and reuse. (9) Recommendations for how data and services from the entire enterprise can be best leveraged by the Federal Government. (10) Such other topics as the Administrator or the National Academies consider appropriate. (c) Authorization of appropriations There is authorized to be appropriated to the National Oceanic and Atmospheric Administration $1,500,000 to carry out the study under this section. 602. Improving probable maximum precipitation estimates (a) In general Not later than 90 days after the date on which the National Academies makes publicly available the report under section 601, the Administrator, shall, in consideration of the recommendations included in the report and in consultation with relevant partners, including users of the data, develop a plan to— (1) not later than 6 years after the completion of the report submitted under section 601 and not less frequently than once every 10 years thereafter, update probable maximum precipitation estimates for the United States, such that each update includes estimates that incorporate assumptions of non-stationarity; (2) coordinate with partners to conduct research in the field of extreme precipitation estimation, in accordance with the research needs identified in the report submitted under section 601; (3) make publicly available, in a searchable, interoperable format, all probable maximum precipitation studies developed by the National Oceanic and Atmospheric Administration that the Administrator has the legal right to redistribute and considers to be at an appropriate state of development on an internet website of the National Oceanic and Atmospheric Administration; and (4) ensure all probable maximum precipitation estimate data, products, and supporting documentation and metadata developed by the National Oceanic and Atmospheric Administration are preserved, curated, and served by the National Oceanic and Atmospheric Administration, as appropriate. (b) National guidance document for the development of probable maximum precipitation estimates The Administrator, in collaboration with Federal agencies, State, territorial, tribal and local governments, academia, and other partners the Administrator considers appropriate, shall develop a national guidance document that— (1) provides best practices that can be followed by Federal and State regulatory agencies, private meteorological consultants, and other users that perform probable maximum precipitation studies; (2) considers the recommendations included in the report submitted under section 601; (3) facilitates review of probable maximum precipitation studies by regulatory agencies; (4) provides confidence in regional and site-specific probable maximum precipitation estimates; and (5) includes such other topics as the Administrator considers appropriate. (c) Publication Not later than 2 years after the date on which the National Academies makes publicly available the report under section 601, the Administrator shall make publicly available the national guidance document developed under subsection (b) on an internet website of the National Oceanic and Atmospheric Administration. (d) Updates The Administrator shall update the national guidance document developed under subsection (b) not less frequently than once every 10 years after the publication of the document under subsection (c) and make such updates publicly available in accordance with such subsection. (e) Authorization of appropriations There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section amounts as follows: (1) $13,000,000 for fiscal year 2022. (2) $14,000,000 for fiscal year 2023. (3) $14,000,000 for fiscal year 2024. (4) $2,000,000 for fiscal year 2025. (5) $2,000,000 for fiscal year 2026. (6) $2,000,000 for fiscal year 2027. 603. Definitions In this title: (1) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. (2) National Academies The term National Academies means the National Academies of Sciences, Engineering, and Medicine. (3) United States The term United States means, collectively, each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. . (b) Conforming amendment The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by adding at the end the following: Title VI—Improvement of Federal precipitation information Sec. 601. Study on precipitation estimation. Sec. 602. Improving probable maximum precipitation estimates. Sec. 603. Definitions. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3053is/xml/BILLS-117s3053is.xml
|
117-s-3054
|
II 117th CONGRESS 1st Session S. 3054 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to modify certain regulations relating to hours of service requirements for drivers of property-carrying commercial motor vehicles, and for other purposes.
1. Short title This Act may be cited as the Truck Driver Safety and Flexibility Act . 2. Hours of service requirements; commercial driver’s licenses (a) Hours of service requirements (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration (referred to in this Act as the Secretary ), shall revise section 395.3 of title 49, Code of Federal Regulations— (A) to increase the maximum driving time for a driver of a property-carrying commercial motor vehicle from 11 hours to 12 hours; (B) to establish a maximum on-duty time of 14 hours during any 24-hour period (as defined in section 395.2 of that title (or a successor regulation)) for a driver of a property-carrying commercial motor vehicle; (C) to provide that the on-duty time of a driver of a property-carrying commercial motor vehicle may not begin unless— (i) (I) the driver has first taken 10 consecutive hours off duty; and (II) during the period of on-duty time, the driver complies with all applicable requirements of section 395.3 of that title, including the requirement described in subsection (a)(3)(ii) of that section (or a successor regulation); or (ii) at the election of the driver— (I) the driver has taken 8 consecutive hours off duty; (II) during the period of on-duty time, the driver complies with all applicable requirements of section 395.3 of that title, including the requirement described in subsection (a)(3)(ii) of that section (or a successor regulation); and (III) the driver— (aa) takes 2 rest breaks of 30 minutes each, which may be taken separately or consecutively, at the election of the driver, during the period of on-duty time if the driving time of the driver during that period of on-duty time is not more than 8 hours; (bb) takes 3 rest breaks of 30 minutes each, which, subject to the requirement described in section 395.3(a)(3)(ii) of that title (or a successor regulation), may be taken separately or consecutively, at the election of the driver, during the period of on-duty time if the driving time of the driver during that period of on-duty time is more than 8, but not more than 10, hours; or (cc) takes 4 rest breaks of 30 minutes each, which, subject to the requirement described in section 395.3(a)(3)(ii) of that title (or a successor regulation), may be taken separately or consecutively, at the election of the driver, during the period of on-duty time if the driving time of the driver during that period of on-duty time is more than 10, but not more than 12, hours; (D) to provide that any rest break taken by a driver shall be considered to be off-duty time excluded from the calculation of on-duty time; and (E) to provide that, if, at the time that the driver of a property-carrying commercial motor vehicle reaches 14 hours of on-duty time or 12 hours of driving time, the driver is within 150 miles of the destination of the trip, as established at the outset of the trip— (i) the driver may continue driving until that destination is reached; (ii) the driving time of the driver shall exclude all time— (I) during the period beginning when the driver reaches 12 hours of driving time and ending on completion of the trip; and (II) that is necessary to reach, or otherwise complete the trip at, that destination; and (iii) the on-duty time of the driver shall exclude all time— (I) during the period beginning when the driver reaches 14 hours of on-duty time and ending on completion of the trip; and (II) during which the driver carries out an activity necessary to reach, or otherwise complete the trip at, that destination, including any time described in paragraph (3) or (5) of the definition of the term on-duty time in section 395.2 of that title (or a successor regulation). (2) Requirement In carrying out paragraph (1), the Secretary shall not modify the limits described in section 395.3(b) of title 49, Code of Federal Regulations. (3) Limitation Beginning on the date of enactment of this Act, if the Secretary revises section 395.1(e)(1) of title 49, Code of Federal Regulations— (A) the Secretary may not decrease the 150 air-mile radius described in that section, but may increase that radius, as the Secretary determines to be appropriate; and (B) the Secretary may not revise any 14-hour period described in that section to a period that is less than 14 hours, but may increase the length of the period beyond 14 hours, as the Secretary determines to be appropriate. (b) Commercial driver’s licenses Not later than 90 days after the date of enactment of this Act, the Secretary shall revise section 391.11 of title 49, Code of Federal Regulations, to lower the minimum age for obtaining a commercial driver’s license from 21 to 18 years of age. 3. Electronic logging device oversight (a) Report on processes of the Federal Motor Carrier Safety Administration Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report detailing the processes— (1) used by the Federal Motor Carrier Safety Administration— (A) to review electronic logging device logs; and (B) to protect proprietary information and personally identifiable information obtained from electronic logging device logs; and (2) through which an operator may challenge or appeal a violation notice issued by the Federal Motor Carrier Safety Administration relating to an electronic logging device. (b) Study on the costs and effectiveness of electronic logging devices Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on the costs and effectiveness of electronic logging devices; and (2) submit to Congress a report on the results of the study under paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-117s3054is/xml/BILLS-117s3054is.xml
|
117-s-3055
|
II 117th CONGRESS 1st Session S. 3055 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Scott of Florida (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To extend the customs waters of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States, consistent with Presidential Proclamation 7219.
1. Short title This Act may be cited as the Extending Limits of United States Customs Waters Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) On December 27, 1988, Presidential Proclamation 5928 extended the territorial sea of the United States from 3 nautical miles to 12 nautical miles from the baselines of the United States, determined in accordance with international law. (2) On August 2, 1999, Presidential Proclamation 7219 extended the contiguous zone of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States, determined in accordance with international law, but in no case within the territorial sea of another country. (3) Customary international law, in its current form, as provided for in the United Nations Convention on the Law of the Sea and consistent with Presidential Proclamations 5928 and 7219, reflects that— (A) every coastal State has the right to establish the breadth of its territorial sea to a limit not exceeding 12 nautical miles, measured from its baselines; (B) a coastal State’s contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured; (C) a coastal State has exclusive jurisdiction over its flagged vessels within its territorial seas and upon the high seas; and (D) in the contiguous zone of a coastal State, the State may— (i) exercise the control necessary to prevent the infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or the territorial sea; and (ii) punish the infringement of those laws and regulations committed within its territory or the territorial sea. (4) Customary international law, in its current form, as provided for in the United Nations Convention on the Law of the Sea, recognizes that outside the territorial waters of a coastal State, the vessels and aircraft of all countries enjoy the high seas freedoms of navigation and overflight. Pursuant to those freedoms and the requirements of international law— (A) before boarding a vessel outside of the territorial waters of a coastal State, but within the contiguous zone of that State, authorities of the State are generally required to have reasonable grounds to believe that the vessel is destined for the State or has violated or is attempting to violate the customs, fiscal, immigration, or sanitary laws and regulations of that State; and (B) the hot pursuit of a foreign vessel— (i) may be undertaken when competent authorities of the State have good reason to believe that the vessel or one of its boats has violated the laws and regulations of that State; (ii) is required to be commenced when the foreign vessels or one of its boats is within the internal waters, the territorial sea, or the contiguous zone of the State, and may be continued outside the territorial sea or the contiguous zone only if the pursuit has not been interrupted; and (iii) in a case in which the foreign vessels is within the contiguous zone of the State, may be undertaken only if there has been a violation of the rights for the protection of which the contiguous zone was established. (b) Sense of Congress It is the sense of Congress that— (1) it is necessary to extend the authority of U.S. Customs and Border Protection to conduct law enforcement activities in the customs waters of the United States from 12 nautical miles to 24 nautical miles because as modern technology continues to change and expand rapidly, the performance and speed of maritime vessels, including those used to violate the laws of the United States or evade United States law enforcement agents, improve, and the limit of 12 nautical miles no longer provides law enforcement agents with sufficient time to interdict such vessels; and (2) the extension of the customs waters of the United States to the limits permitted by international law will advance the law enforcement and public health interests of the United States. 3. Definition of customs waters (a) Tariff Act of 1930 Section 401(j) of the Tariff Act of 1930 ( 19 U.S.C. 1401(j) ) is amended— (1) by striking means, in the case and inserting the following: means— (1) in the case ; (2) by striking of the coast of the United States and inserting from the baselines of the United States (determined in accordance with international law) ; (3) by striking and, in the case and inserting the following: ; and (2) in the case ; (4) by striking the waters within four leagues of the coast of the United States. and inserting the following: the waters within— (A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and (B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999. . (b) Anti-Smuggling Act Section 401(c) of the Anti-Smuggling Act ( 19 U.S.C. 1709(c) ) is amended— (1) by striking means, in the case and inserting the following: means— (1) in the case ; (2) by striking of the coast of the United States and inserting from the baselines of the United States (determined in accordance with international law) ; (3) by striking and, in the case and inserting the following: ; and (2) in the case ; (4) by striking the waters within four leagues of the coast of the United States. and inserting the following: the waters within— (A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and (B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999. . (c) Effective date The amendments made by this section shall take effect on the day after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3055is/xml/BILLS-117s3055is.xml
|
117-s-3056
|
II 117th CONGRESS 1st Session S. 3056 IN THE SENATE OF THE UNITED STATES October 21, 2021 Mr. Scott of South Carolina (for himself, Mr. Crapo , Mr. Toomey , Mr. McConnell , Mr. Thune , Mr. Cornyn , Mr. Marshall , Mr. Tillis , Ms. Lummis , Mr. Daines , Mr. Kennedy , Mr. Moran , Mr. Cramer , Mr. Shelby , Mr. Rounds , Mr. Grassley , Mr. Burr , Mr. Barrasso , Mr. Young , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Wicker , Mrs. Blackburn , Mr. Risch , Mr. Braun , Mrs. Capito , Mr. Sasse , Mr. Cotton , Ms. Ernst , Mr. Romney , Mr. Lankford , Mr. Blunt , Mr. Inhofe , Mr. Cruz , Mr. Hawley , Mr. Sullivan , Mr. Rubio , Mr. Hagerty , Mr. Scott of Florida , Mr. Tuberville , Mr. Graham , Mr. Johnson , Mr. Paul , Mr. Boozman , Mr. Lee , Ms. Collins , Mrs. Fischer , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit the implementation of new requirements to report bank account deposits and withdrawals.
1. Short title This Act may be cited as the Prohibiting IRS Financial Surveillance Act . 2. Prohibition on new requirements to report bank account deposits and withdrawals The Secretary of the Treasury (including any delegate of the Secretary) may not require any financial institution to report— (1) the inflows or outflows of any account maintained by such institution; or (2) any balances, transactions, transfers, or similar information with respect to any such account, except to the extent that such reporting is required under any program, or other provision of law, as in effect on the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3056is/xml/BILLS-117s3056is.xml
|
117-s-3057
|
II 117th CONGRESS 1st Session S. 3057 IN THE SENATE OF THE UNITED STATES October 25, 2021 Ms. Klobuchar (for herself, Ms. Hirono , Mrs. Feinstein , Mrs. Shaheen , Ms. Smith , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to enhance criminal penalties for health related stalking, and for other purposes.
1. Short title This Act may be cited as the Preventing Vigilante Stalking Act of 2021 . 2. Obtaining or interfering with the personal healthcare decisions of a woman (a) In general Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: 2261C. Enhanced penalty for health related stalking If a person commits an offense under section 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261A. . (b) Clerical amendment The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: 2261C. Enhanced penalty for health related stalking. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3057is/xml/BILLS-117s3057is.xml
|
117-s-3058
|
II 117th CONGRESS 1st Session S. 3058 IN THE SENATE OF THE UNITED STATES October 25, 2021 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2022, and for other purposes, namely: I Departmental management, operations, intelligence, and oversight Office of the Secretary and Executive Management operations and support For necessary expenses of the Office of the Secretary and for executive management for operations and support, $221,555,000; of which $20,304,000 shall be for the Office of the Ombudsman for Immigration Detention, of which $5,000,000 shall remain available until September 30, 2023: Provided , That not to exceed $30,000 shall be for official reception and representation expenses. FEDERAL ASSISTANCE (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary and for executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $20,000,000, which shall be transferred to the Federal Emergency Management Agency for targeted violence and terrorism prevention grants, to remain available until September 30, 2023. Management directorate OPERATIONS AND SUPPORT For necessary expenses of the Management Directorate for operations and support, including for the purchase or lease of electric passenger motor vehicles, $1,658,553,000, of which $80,500,000 shall remain available until September 30, 2023: Provided , That not to exceed $2,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Management Directorate for procurement, construction, and improvements, $346,371,000, of which $137,116,000 shall remain available until September 30, 2024, and of which $209,255,000 shall remain available until September 30, 2026. FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service. Intelligence, analysis, and operations coordination OPERATIONS AND SUPPORT For necessary expenses of the Office of Intelligence and Analysis and the Office of Operations Coordination for operations and support, $320,620,000, of which $112,121,000 shall remain available until September 30, 2023: Provided , That not to exceed $3,825 shall be for official reception and representation expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings. Office of the inspector general OPERATIONS AND SUPPORT For necessary expenses of the Office of the Inspector General for operations and support, $205,359,000: Provided , That not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. Administrative provisions 101. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2022, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2021 or 2022. (b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 2023. 102. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation. 103. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security. (b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfer. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary. II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and border protection OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied children; the provision of air and marine support to Federal, State, local, and international agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $13,605,535,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9505(c)(3) ) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 551(e)(1) ); of which $500,000,000 shall be available until September 30, 2023; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(3) ), shall be derived from that account: Provided , That not to exceed $34,425 shall be for official reception and representation expenses: Provided further , That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further , That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further , That not to exceed $50,000,000 may be transferred to the Department of the Interior for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands: Provided further , That the Commissioner shall submit a notification to the Committees on Appropriations of the Senate and the House of Representatives prior to the obligation or transfer of the amounts described in the preceding proviso. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurement of marine vessels, aircraft, and unmanned aerial systems, $717,398,000, of which $318,973,000 shall remain available until September 30, 2024, and of which $398,425,000 shall remain available until September 30, 2026. U.S. Immigration and customs enforcement OPERATIONS AND SUPPORT For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $7,882,019,000; of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall remain available until September 30, 2023; of which not less than $1,500,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $3,925,114,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied children: Provided , That not to exceed $11,475 shall be for official reception and representation expenses: Provided further , That not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ): Provided further , That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further , That not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled noncitizens unlawfully present in the United States. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $51,700,000, of which $34,321,000 shall remain available until September 30, 2024, and of which $17,379,000 shall remain available until September 30, 2026. Transportation security administration OPERATIONS AND SUPPORT For necessary expenses of the Transportation Security Administration for operations and support, $8,094,787,000, to remain available until September 30, 2023: Provided , That not to exceed $7,650 shall be for official reception and representation expenses: Provided further , That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further , That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2022 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $5,984,787,000. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $134,492,000, to remain available until September 30, 2024. RESEARCH AND DEVELOPMENT For necessary expenses of the Transportation Security Administration for research and development, $35,532,000, to remain available until September 30, 2023. Coast guard OPERATIONS AND SUPPORT For necessary expenses of the Coast Guard for operations and support including the Coast Guard Reserve; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of not more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase, lease, or improvements of boats necessary for overseas deployments and activities; payments pursuant to section 156 of Public Law 97–377 ( 42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $9,066,020,000, of which $530,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); of which $27,456,000 shall remain available until September 30, 2026, for environmental compliance and restoration; and of which $100,000,000 shall remain available until September 30, 2023, for vessel depot level maintenance: Provided , That not to exceed $23,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Coast Guard for procurement, construction, and improvements, including aids to navigation, shore facilities (including facilities at Department of Defense installations used by the Coast Guard), and vessels and aircraft, including equipment related thereto, $1,711,600,000, to remain available until September 30, 2026; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ). RESEARCH AND DEVELOPMENT For necessary expenses of the Coast Guard for research and development; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $7,476,000, to remain available until September 30, 2024, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ): Provided , That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. RETIRED PAY For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, United States Code, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,963,519,000, to remain available until expended. United states secret service OPERATIONS AND SUPPORT For necessary expenses of the United States Secret Service for operations and support, including purchase of not to exceed 652 vehicles for police-type use; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; rental of buildings in the District of Columbia; fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence and operations; payment in advance for commercial accommodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence expenses of employees who are on protective missions, whether at or away from their duty stations; $2,520,528,000; of which $51,621,000 shall remain available until September 30, 2023, and of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which up to $15,000,000 may be for calendar year 2021 premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of title 5, United States Code, pursuant to section 2 of the Overtime Pay for Protective Services Act of 2016 ( 5 U.S.C. 5547 note), as last amended by Public Law 116–269 : Provided , That not to exceed $19,125 shall be for official reception and representation expenses: Provided further , That not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal investigations within the jurisdiction of the United States Secret Service. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $54,849,000, to remain available until September 30, 2024. RESEARCH AND DEVELOPMENT For necessary expenses of the United States Secret Service for research and development, $2,310,000, to remain available until September 30, 2023. Administrative provisions 201. Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141 ), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that fiscal year 2022 shall be substituted for fiscal year 2018 . 202. Funding made available under the headings U.S. Customs and Border Protection—Operations and Support and U.S. Customs and Border Protection—Procurement, Construction, and Improvements shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code. 203. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 ), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(5) ) shall be available until expended. 204. For an additional amount for U.S. Customs and Border Protection—Operations and Support , $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2022 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act ( 8 U.S.C. 1356(i) ), section 10412 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8311 ), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–25 ), or other such authorizing language: Provided , That to the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided , That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further , That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). 206. Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels: Provided , That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests. 207. (a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. 208. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an expenditure plan for any amounts made available for U.S. Customs and Border Protection—Procurement, Construction, and Improvements in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives: Provided , That no such amounts provided in this Act may be obligated prior to the submission of such plan. 209. Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ), prohibiting the use of funds for the construction of fencing in certain areas, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act. 210. Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection: Provided , That none of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act. 211. None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated. 212. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system. (b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility. 213. The reports required to be submitted under section 218 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall continue to be submitted with respect to the period beginning 15 days after the date of the enactment of this Act and semimonthly thereafter, and each matter required to be included in such report by such section 218 shall apply in the same manner and to the same extent during the period described in this section, except that for purposes of reports submitted with respect to such period described, the following additional requirements shall be treated as being included as subparagraphs (H) through (J) of paragraph (1) of such section 218— (1) the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F), for individuals who remain in detention as of the last date of each such reporting period; (2) the number who have been in detention, disaggregated by the number of detainees described in subparagraph (F), for each of the following— (A) over 2 years; (B) from over 1 year to 2 years; (C) from over 6 months to 1 year; and (D) for less than 6 months; and (3) the number of individuals described in section 115.5 of title 28, Code of Federal Regulations, including the use and duration of solitary confinement for such person. 214. The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall apply to this Act. 215. Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening. 216. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness. 217. Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2022, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title. 218. Not later than 30 days after the submission of the President's budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the following requirements: (1) a Capital Investment Plan that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment; (2) the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act ( Public Law 113–245 ); and (3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283). 219. (a) None of the funds made available by this Act under the heading Coast Guard—Operations and Support shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading Coast Guard—Operations and Support . (b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114. 220. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, up to $10,000,000 may be reprogrammed to or from the Military Personnel funding category within Coast Guard—Operations and Support in accordance with subsection (a) of section 503 of this Act. 221. Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital investment plan as described in the second proviso under the heading Coast Guard—Acquisition, Construction, and Improvements in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ), which shall be subject to the requirements in the third and fourth provisos under such heading. 222. Of the funds made available for defense-related activities under the heading Coast Guard—Operations and Support , up to $190,000,000 that are used for enduring overseas missions in support of the global fight against terror may be reallocated by program, project, and activity, notwithstanding section 503 of this Act. 223. None of the funds in this Act shall be used to reduce the Coast Guard's legacy Operations Systems Center mission or its government-employed or contract staff levels. 224. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 225. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act. 226. Amounts deposited into the Coast Guard Housing Fund in fiscal year 2022 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes. 227. The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading United States Secret Service—Operations and Support at the end of the fiscal year. 228. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided , That the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis. 229. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within United States Secret Service—Operations and Support . 230. Funding made available in this Act for United States Secret Service—Operations and Support is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such expenditures. 231. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement— Operations and Support may be used to engage in civil immigration enforcement activities, such as arrests, expulsions, custodial detention, removals, or referrals, processing, or issuance of charging documents, using Homeland Security Investigations personnel, resources, or capabilities, absent probable cause that the individual facing such enforcement action has been convicted of a criminal offense, excluding state, local, or Federal offenses for which an essential element was the noncitizen’s immigration status. (b) For the purposes of this section, criminal offenses for which an essential element was the noncitizen’s immigration status includes, but is not limited to, offenses identified in sections 264, 266(a) or (b), 275, or 276 of the Immigration and Nationality Act and state and local offenses for which an essential element was the noncitizen’s immigration status. 232. (a) Amounts made available to U.S. Immigration and Customs Enforcement by transfer pursuant to the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), that remain available for obligation in the fiscal year funded by this Act may be used— (1) for the reunification of children separated from a parent or legal guardian at the United States-Mexico border between January 20, 2017, and January 20, 2021, for the assistance that the Secretary determines necessary to accomplish reunification of separated families; and (2) to provide or reimburse third parties for the provision of COVID–19 testing and shelter for the purpose of voluntary isolation of persons encountered by U.S. Customs and Border Protection after entering the United States along the southwest border and deemed inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ): Provided , That such testing and shelter shall be provided immediately after such persons leave Department of Homeland Security custody: Provided further , That for purposes of this section, funds may only be used in States or jurisdictions that do not have an agreement with the Federal government for the provision or reimbursement of such services. (b) Each amount repurposed by this section that was previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. 233. For an additional amount for Coast Guard—Procurement, Construction, and Improvements , $50,000,000, to remain available until expended, which shall be distributed as a grant to the National Coast Guard Museum Association (as defined in section 316(i)(2) of title 14, United States Code) to carry out activities under section 316(d) of such title of such Act, notwithstanding subsections (b)(1) and (h) of such section 316. 234. (a) Not later than 180 days after the date of enactment of this section, U.S. Immigration and Customs Enforcement shall develop a risk classification instrument for individuals subject to section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ), following the procedures outlined in this section, that includes an individualized evidence-based recommendation as to the least restrictive condition, or combination of conditions, reasonably necessary to mitigate subsection (b)(1). (b) The instrument described in subsection (a) shall, at a minimum— (1) consider whether the individual is a flight risk, a danger to public safety, or a national security threat; (2) properly considers mitigating factors for any identified risks under subsection (b)(1), such as, whether the individual resides in the United States, has immigration status, has a pending application for relief in immigration court, is employed, has minor children, has strong community ties, family support, identifies as a member of a special population, including persons who identify as transgender, has a disability or chronic illness, or is a survivor of torture or trafficking; and (3) be developed in consultation with the Officer for Civil Rights and Civil Liberties and the Immigration Detention Ombudsman. (c) Independent Verification and Validation Prior to the full implementation of the instrument described in subsections (a) and (b), the instrument shall undergo an Independent Verification and Validation to ensure that the instrument produces an individualized determination grounded in evidence-based decision-making, except that, as a part of the Independent Verification and Validation process, the agency may use the instrument to determine the validity of the instrument. The Validation process shall also ensure that appropriate training, as described in subsection (d), is developed for full implementation. (d) Training (1) Not later than 60 days after the instrument is developed as described in subsections (a) through (c), the Director shall— (A) develop procedures for, and ensure execution of, training for all employees on such instrument, including comprehensive training to fully execute instrument overrides; (B) consider whether decision-makers require an understanding of the concepts of predictive validity in detention decision-making, comparative use of risk assessment instruments in the criminal justice system, evidence-based decision-making, risk management, trauma-informed care, including the psychological consequences of detention, implicit bias, and recidivism in the civil context principles; in order to fully and accurately execute the instrument; (C) ensure that such training is required for all such employees responsible for making detention decisions prior to their use; and (D) identify and ensure annual training at the Director’s discretion. (2) The Director shall provide the Committee the results of such training, including copies of training materials, within 30 days of developing such training. (e) Required Use Following approval, review, and appropriate training described in subsections (a) through (d), U.S. Immigration and Customs Enforcement shall use the instrument to make individualized evidence-based decisions as to the least restrictive condition or combination of conditions, reasonably necessary to mitigate subsection (b)(1), and shall follow the instrument’s recommendation, except in the case of subsection (g), notwithstanding section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ). (f) Process and Timing Requirements (1) The instrument may be used at any time, including upon intake, but not later than 21 days after such individual is taken into detention. (2) In cases where continued detention is recommended by the instrument, a detention review shall occur not less than 60 days from the time of initial determination, or earlier in cases of changed circumstances. (3) In cases where an individual employee overrides the recommendation of such instrument resulting in continued detention, such override shall be reviewed by a supervisor not less than 10 days after such override occurs. (g) Documentation Determinations based on the results of the instrument described in subsections (a) and (f), at a minimum, shall be thoroughly documented in the agency’s system of record, including any such instrument override decisions which result in continued detention, which shall also meet the procedures described in subsection (h). (h) Instrument Overrides The Director shall ensure that— (1) the only available instrument overrides are derived from the verification and validation process described in subsection (c); (2) overrides that result in continued detention are reviewed as described in subsection (f)(3); (3) overrides that result in continued detention are not used regularly and occur in unusual circumstances; (4) override rates that result in continued detention are documented and reviewed, at a minimum, in the following manner— (A) by Supervisors, Field Office Directors, or their successors, for any decision-maker who exceed overrides in 5 percent of their total instrument cases; and (B) for any field office whose overrides exceed 5 percent of their total instrument cases per field office, the Director reviews the results of such field office, not less than every 90 days; (5) any decision-maker or field office whose total override rate exceeds 10 percent of total instrument cases, undergoes additional training; and (6) the Committee receives override rates, disaggregated by field office, within 180 days of full implementation of the instrument and annually thereafter. (i) Forms The Director shall ensure that all forms currently in use by the agency, are updated to reflect the instrument described in subsection (a), including the Notice of Detention Determination and all such administrative appeal options. (j) Interim Procedures Until such time as the instrument has undergone the procedures outlined in subsections (a) through (c), the agency shall utilize the following procedures: (1) Not later than 30 days after the date of enactment of this section, the Secretary of Homeland Security shall approve a segmented risk classification assessment process, developed by U.S. Immigration and Customs Enforcement that includes a determination as to whether a detained individual is a flight risk, a public safety threat, or a national security threat; and (2) Following approval of the assessment process in subsection (a), U.S. Immigration and Customs Enforcement shall conduct a risk classification for each detained individual held in detention for at least 14 days, to be completed within 21 days of such individual being taken into detention, and make an individualized, documented detention determination that shall include the option to release such individual from detention, notwithstanding section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ). (k) Biannual Review The instrument shall be reviewed not less than biannually by the Director, in consultation with the Officer for Civil Rights and Civil Liberties and the Immigration Detention Ombudsman, to ensure instrument recommendations and procedures are followed, training is sufficient, and the use and implementation of the instrument is aligned with best practices and evidence-based decision-making. The results of such review shall be provided to the Committee within 60 days and shall identify any needs the agency may have in carrying out the terms of this section. (l) Rules of Construction Nothing in this section shall be construed to— (1) grant to any person any substantive due process right; (2) interfere with any settlement agreement; (3) interfere with any Federal habeas right; (4) require a bond if the instrument recommends release from detention; and (5) impact any detention process or decision other than for those persons subject to section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ). (m) Definitions For the purposes of this section: (1) The term risk classification instrument , or instrument , means an independently verified and validated tool that includes an individualized recommendation as to the appropriate level of custody, which is actuarial in nature and grounded in evidence-based decision-making. (2) The term detention shall mean the physical detention or physical custody of such individual by U.S. Immigration and Customs Enforcement, and is distinguished from the legal custody or level of custody of such individual. (3) The term Director shall mean the Director of U.S. Immigration and Customs Enforcement. (4) The term agency shall mean U.S. Immigration and Customs Enforcement. (5) The term Committee means the Committees on Appropriations of the Senate and the House of Representatives. (6) The term changed circumstances shall mean evidence, facts, or information that are substantial in nature and that were unknown or unanticipated when the prior decision was made, which may be raised by either the person in detention or the decision-maker, including, but not limited to, a determination that a person was not initially subject to section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) ), evidentiary support for mitigating factors, health-related, medical, or family emergencies, or other humanitarian concerns, or a change in criminal charging documents. (7) The term Independent Verification and Validation shall mean a verification and validation performed by an organization that is technically, managerially, and financially independent of U.S. Immigration and Customs Enforcement, which shall involve a comprehensive review, analysis, and testing performed by an objective third party to confirm that the requirements are correctly defined, and to confirm that the system correctly implements the required functionality and security requirements. (8) The term level of custody , or custody , shall mean a significant restraint on liberty not shared by the public generally, including conditions and restrictions that significantly restrain an individual’s liberty, which may include home confinement, alternatives to detention, but does not exclusively mean physical custody or physical detention. (9) The term instrument override means the ability of a decision-maker to change the risk level, outcome, or recommendation provided by the instrument. III PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and infrastructure security agency OPERATIONS AND SUPPORT For necessary expenses of the Cybersecurity and Infrastructure Security Agency for operations and support, $2,077,585,000, of which $33,293,000, shall remain available until September 30, 2023: Provided , That not to exceed $3,825 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Cybersecurity and Infrastructure Security Agency for procurement, construction, and improvements, $530,562,000, to remain available until September 30, 2024. RESEARCH AND DEVELOPMENT For necessary expenses of the Cybersecurity and Infrastructure Security Agency for research and development, $9,931,000, to remain available until September 30, 2023. CYBERSECURITY RESPONSE AND RECOVERY FUND For necessary expenses of the Cybersecurity and Infrastructure Security Agency for cyber response and recovery, $20,000,000, to remain available until expended: Provided , That such amounts shall be used to provide support to critical infrastructure, including through the provision of services, technology, or capabilities, with or without reimbursement, to respond to or recover from a significant cyber incident as defined in Presidential Policy Directive 41: Provided further , That such support may include the provision of assistance to private entities and State, local, territorial, and tribal governments in responding to or recovering from a significant cyber incident: Provided further , That amounts appropriated under this heading shall be available only upon a determination by the President that additional resources are needed for the purposes under this heading: Provided further , That amounts made available under this heading shall be in addition to any other amounts available for such purposes. Federal emergency management agency OPERATIONS AND SUPPORT For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,391,121,000: Provided , That not to exceed $2,250 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $191,212,000, of which $80,002,000 shall remain available until September 30, 2024, and of which $111,210,000 shall remain available until September 30, 2026. FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For activities of the Federal Emergency Management Agency for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,496,604,000, which shall be allocated as follows: (1) $610,000,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ), of which $90,000,000 shall be for Operation Stonegarden, $15,000,000 shall be for Tribal Homeland Security Grants under section 2005 of the Homeland Security Act of 2002 ( 6 U.S.C. 606 ), and $90,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack: Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2022, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (2) $705,000,000 for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ), of which $90,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack. (3) $100,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 , 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies. (4) $100,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code. (5) $740,000,000, to remain available until September 30, 2023, of which $370,000,000 shall be for Assistance to Firefighter Grants and $370,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections 33 and 34 respectively of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (6) $355,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 ), section 762 of title 6, United States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). (7) $275,500,000 for necessary expenses for Flood Hazard Mapping and Risk Analysis, in addition to and to supplement any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101(f)(2) ), to remain available until expended. (8) $12,000,000 for Regional Catastrophic Preparedness Grants. (9) $12,000,000 for Rehabilitation of High Hazard Potential Dams under section 8A of the National Dam Safety Program Act ( 33 U.S.C. 467f–2 ). (10) $130,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 ), to remain available until expended: Provided , That not to exceed 3.5 percent shall be for total administrative costs. (11) $100,000,000 for carrying out the establishment of revolving loan funds under section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5135 ). (12) $63,504,000 for Congressionally Directed Spending grants, which shall be for the purposes, and the amounts, specified in the table entitled Congressionally Directed Spending Items in the explanatory statement accompanying this Act, of which— (A) in addition to amounts otherwise made available for such purpose, $29,889,000 is for emergency operations center grants under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 6196c ); (B) in addition to amounts otherwise made available for such purpose, $31,615,000 is for pre-disaster mitigation grants under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(e) ), notwithstanding subsections (f), (g), and (l) of that section ( 42 U.S.C. 5133(f) , (g), and (l)); and (C) $2,000,000 shall be transferred to Federal Emergency Management Agency—Operations and Support , to manage and administer Congressionally Directed Spending grants. (13) $293,600,000 to sustain current operations for training, exercises, technical assistance, and other programs. DISASTER RELIEF FUND For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $18,799,000,000, to remain available until expended, shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and is designated by the Congress as being for disaster relief pursuant to section 4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 et seq. ), the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 ( Public Law 113–89 ; 128 Stat. 1020), $214,706,000, to remain available until September 30, 2023, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ); of which $15,706,000 shall be available for mission support associated with flood management; and of which $199,000,000 shall be available for flood plain management and flood mapping: Provided , That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ) shall be credited as offsetting collections to this account, to be available for flood plain management and flood mapping: Provided further , That in fiscal year 2022, no funds shall be available from the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) in excess of— (1) $197,393,000 for operating expenses and salaries and expenses associated with flood insurance operations; (2) $876,743,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $175,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ), notwithstanding sections 1366(e) and 1310(a)(7) of such Act ( 42 U.S.C. 4104c(e) , 4017): Provided further , That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ) and section 1366(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c(e) ), shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such Act ( 42 U.S.C. 4012a(f)(8) , 4104c(e), 4104d(b)(1)–(3)): Provided further , That total administrative costs shall not exceed 4 percent of the total appropriation: Provided further , That up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033 ). Administrative provisions (INCLUDING TRANSFER OF FUNDS) 301. (a) Funds made available under the heading Cybersecurity and Infrastructure Security Agency—Operations and Support may be made available for the necessary expenses of carrying out the competition specified in section 2(e) of Executive Order No. 13870 (May 2, 2019), including the provision of monetary and non-monetary awards for Federal civilian employees and members of the uniformed services, the necessary expenses for the honorary recognition of any award recipients, and activities to encourage participation in the competition, including promotional items. (b) Any awards made pursuant to this section shall be of the same type and amount as those authorized under sections 4501 through 4505 of title 5, United States Code. 302. (a) The Under Secretary for Management shall submit, concurrent with the budget of the President that is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, a report on the unfunded priorities for the Cybersecurity and Infrastructure Security Agency. (b) The report under this section shall specify, for each such unfunded priority— (1) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable)— (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded as part of such priority. (c) In this section, the term unfunded priority , in the case of a fiscal year, means a requirement that— (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if— (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior-year investments. 303. The Cybersecurity and Infrastructure Security Agency shall provide to the Committees on Appropriations of the Senate and House of Representatives monthly reports to be submitted not later than the tenth business day following the end of each month, on the status of funds made available under the heading Cybersecurity and Infrastructure Agency—Cyber Response and Recovery Fund , including an accounting of the most recent funding allocation estimates, obligations, expenditures, and unobligated funds, delineated by significant cyber incident as defined in Presidential Policy Directive 41. 304. Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(12) ) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (4) under Federal Emergency Management Agency—Federal Assistance , may be used by the grantee for expenses directly related to administration of the grant. 305. Applications for grants under the heading Federal Emergency Management Agency—Federal Assistance , for paragraphs (1) through (4), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application. 306. Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) through (4), (8), and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award. 307. Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility. 308. The reporting requirements in paragraphs (1) and (2) under the heading Federal Emergency Management Agency—Disaster Relief Fund in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ) shall be applied in fiscal year 2022 with respect to budget year 2023 and current fiscal year 2022, respectively— (1) in paragraph (1) by substituting fiscal year 2023 for fiscal year 2016 ; and (2) in paragraph (2) by inserting business after fifth . 309. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Staffing for Adequate Fire and Emergency Response grants, the Administrator of the Federal Emergency Management Agency may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). 310. (a) Of the amount made available by section 4005 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )— (1) up to $1,000,000,000, in addition to any amounts set aside pursuant to section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(i) ), shall be available for the Building Resilient Infrastructure and Communities grant program to mitigate the effects of climate change; and (2) $14,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for oversight of the obligations of funds made available under such section 4005. 311. (a) The aggregate charges assessed during fiscal year 2022 , as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year. (b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees. (c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2022, and remain available until expended. 312. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Assistance to Firefighter Grants, the Administrator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ). 313. (a) Up to 1 percent of the appropriations made available under paragraphs (1) and (2) under the heading Federal Emergency Management Agency—Federal Assistance may be transferred to the appropriation made available under the heading Federal Emergency Management Agency—Operations and Support for the purpose of conducting independently verified and validated evaluations on the effectiveness of grants awarded under the State Homeland Security Grant Program and Urban Area Security Initiative. (b) Any funds transferred under this section shall be in addition to any other amounts otherwise made available for the same purpose. (c) The transfer authority provided in this section shall be in addition to any other transfer authority provided in this Act. IV RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and immigration services OPERATIONS AND SUPPORT For necessary expenses of U.S. Citizenship and Immigration Services for operations and support, including for the E-Verify Program, application processing, the reduction of backlogs within U.S. Citizenship and Immigration Services asylum, field, and service center offices, and support of the refugee program, $459,504,000, of which $87,619,000 shall remain available until September 30, 2023: Provided , That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). FEDERAL ASSISTANCE For necessary expenses of U.S. Citizenship and Immigration Services for Federal assistance for the Citizenship and Integration Grant Program, $20,000,000. Federal law enforcement training centers OPERATIONS AND SUPPORT For necessary expenses of the Federal Law Enforcement Training Centers for operations and support, including the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $322,436,000, of which $61,618,000 shall remain available until September 30, 2023: Provided , That not to exceed $7,180 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Law Enforcement Training Centers for procurement, construction, and improvements, $33,200,000, to remain available until September 30, 2026, for acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses of the Federal Law Enforcement Training Centers. Science and technology directorate OPERATIONS AND SUPPORT For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease of not to exceed 5 vehicles, $325,590,000, of which $186,624,000 shall remain available until September 30, 2023: Provided , That not to exceed $10,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements, $12,859,000, to remain available until September 30, 2026. RESEARCH AND DEVELOPMENT For necessary expenses of the Science and Technology Directorate for research and development, $530,454,000, to remain available until September 30, 2024. Countering weapons of mass destruction office OPERATIONS AND SUPPORT For necessary expenses of the Countering Weapons of Mass Destruction Office for operations and support, $171,750,000, of which $35,606,000 shall remain available until September 30, 2023: Provided , That not to exceed $2,250 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $71,604,000, to remain available until September 30, 2024. RESEARCH AND DEVELOPMENT For necessary expenses of the Countering Weapons of Mass Destruction Office for research and development, $65,709,000, to remain available until September 30, 2024. FEDERAL ASSISTANCE For necessary expenses of the Countering Weapons of Mass Destruction Office for Federal assistance through grants, contracts, cooperative agreements, and other activities, $132,948,000, to remain available until September 30, 2024. Administrative provisions 401. Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided , That the Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. 402. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of U.S. Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 403. The terms and conditions of section 403 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall apply to this Act. 404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. 405. The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. 406. The Director of the Federal Law Enforcement Training Centers may accept transfers to its Procurement, Construction, and Improvements account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act ( 31 U.S.C. 1535(b) ): Provided , That the Federal Law Enforcement Training Centers maintain administrative control and ownership upon completion of such facilities. 407. The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note). 408. Notwithstanding the seventh proviso under the heading Immigration and Naturalization Service—Salaries and Expenses in Public Law 105–119 (relating to FD–258 fingerprint cards), or any other provision of law, funds made available to U.S. Citizenship and Immigration Services by this or any other Act may be used for the collection and use of biometrics taken at a U.S. Citizenship and Immigration Services Application Support Center that is overseen virtually by U.S. Citizenship and Immigration Services personnel using appropriate technology. 409. Notwithstanding section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) ), the Director of U.S. Citizenship and Immigration Services may use not more than $2,500 of amounts deposited in the Immigration Examinations Fee Account for official reception and representation expenses in fiscal year 2022. 410. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) shall be applied by substituting September 30, 2022 for September 30, 2015 . 411. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by substituting September 30, 2022 for September 30, 2015 . 412. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) shall be applied by substituting September 30, 2022 for September 30, 2015 . 413. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied in fiscal year 2022 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation. 414. (a) Notwithstanding any other provision of law, beginning in fiscal year 2022, the worldwide level of family-sponsored immigrants under subsection (c) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) and the worldwide level of employment-based immigrants under subsection (d) of such section shall each be increased by the number computed under subsection (b) of this section with respect to each of such worldwide levels. (b) For each of the worldwide levels described in subsection (a) of this section, the number computed under this subsection is the difference (if any) between the sum of the worldwide levels established under the applicable subsection of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) for fiscal years 2020 and 2021 and the number of visas that were issued and used as the basis for an application for admission into the United States as an immigrant described in the applicable subsection during such fiscal years. (c) The Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the computation under subsection (b) on a proportional basis consistent with subsections (a) and (b) of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) and (b)), and in accordance with subsection (e)(1) of such section ( 8 U.S.C. 1153(e)(1) ). (d) Each visa made available as a result of the computation made under subsection (b) of this section shall remain available for use in fiscal year 2022 or any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States. (e) For fiscal year 2021 and 2022, the number computed under subsection (c)(3)(C) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), and the number computed under subsection (d)(2)(C) of such section, are deemed to equal zero. (f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ), and subject to subsection (i) of this section, an immigrant visa for those selected in accordance with section 203(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(e)(2) ) in fiscal year 2020 or 2021 shall remain available to such alien if, because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency— (1) the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or (2) the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ). (g) Not later than 90 days after the date of the enactment of this section, the Secretary of State shall— (1) provide written notice consistent with subsection (h) to each alien described in subsection (f) (and such alien's representative, if applicable) of their continuing eligibility to apply for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ); and (2) publish on the Department of State website, information and procedures implementing this section. (h) The notice described in subsection (g)(1) shall include procedures for the alien to inform the Secretary of State of the alien's intent to proceed with or abandon the application, and shall include an advisal that such application shall be deemed abandoned if the alien fails to notify the Secretary of State of the alien's intent to proceed within one year after the date on which the notice was issued. (i) An alien described in subsection (f) shall remain eligible to receive a visa described in such subsection until the earliest of the date that— (1) the alien— (A) notifies the Secretary of State of the alien's intent to abandon the application; or (B) fails to respond to the notice described in subsection (g)(1); or (2) the Secretary of State makes a final determination of the alien's ineligibility for such visa under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c)(2) , 1154(a)(1)(I)(iii), or 1182(a)). (j) A determination of whether an alien is the child of a visa recipient described in subsection (f), pursuant to section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) ) shall be made using the age of the child when the applicant was initially selected for a visa in accordance with section 203(e)(2) of such Act. 415. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ), and subject to subsection (d) of this section, an immigrant visa for those selected in accordance with section 203(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(e)(2) ) in any of fiscal years 2017, 2018, 2019, 2020, or 2021 shall remain available to such alien if the alien was refused a visa, prevented from seeking admission, or denied admission to the United States solely because of— (1) Executive Order 13769 (82 Fed. Reg. 8977; relating to Protecting the Nation from Foreign Terrorist Entry into the United States ); (2) Executive Order 13780 (82 Fed. Reg. 13209; relating Protecting the Nation from Foreign Terrorist Entry into the United States ); (3) Proclamation 9645 (82 Fed. Reg. 45161; relating to Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats ); or (4) Proclamation 9983 (85 Fed. Reg. 6699; relating to Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats ). (b) Not later than 90 days after the date of the enactment of this section, the Secretary of State shall— (1) provide written notice, consistent with subsection (c), to each alien described in subsection (a) (and such alien's representative, if applicable) of the alien's continuing eligibility to apply for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ); and (2) publish on the Department of State website, information and procedures implementing this section. (c) The notice described in subsection (b)(1) shall include procedures for the alien to inform the Secretary of State of the alien's intent to proceed with or abandon the application, and shall include an advisal that such appliction shall be deemed abandoned if the alien fails to notify the Secretary of State of the alien's intent to proceed within one year after the date on which the notice was issued. (d) An alien described in subsection (a) shall remain eligible to receive a visa described in such subsection until the earliest of the date that— (1) the alien— (A) notifies the Secretary of State of the alien's intent to abandon the application; or (B) fails to respond to the notice described in subsection (b)(1); or (2) the Secretary of State makes a final determination of the alien's ineligibility for such visa under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c)(2) , 1154(a)(1)(I)(iii), or 1182(a)). (e) A determination of whether an alien is the child of a visa recipient described in subsection (a), pursuant to section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 153(d) ) shall be made using the age of the child when applicant was initially selected for a visa in accordance with section 203(e)(2) of such Act. V GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the components in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or eliminates a program, project, or activity, or increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (2) contracts out any function or activity presently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President's budget proposal for fiscal year 2022 for the Department of Homeland Security; (3) augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or (5) results from any general savings from a reduction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress. (b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming. (c) Up to 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfer. (d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts that remain available for obligation in the current year. (f) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided , That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 5 days in advance of such transfer. 504. Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act: Provided , That funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2022, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2023, from appropriations for Operations and Support for fiscal year 2022 in this Act shall remain available through September 30, 2023, in the account and for the purposes for which the appropriations were provided: Provided , That prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act. 506. (a) Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2022 until the enactment of an Act authorizing intelligence activities for fiscal year 2022. (b) Amounts described in subsection (a) made available for Intelligence, Analysis, and Operations Coordination—Operations and Support that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading Management Directorate—Operations and Support . 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of— (1) making or awarding a grant allocation or grant in excess of $1,000,000; (2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation. (b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (c) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn. 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Centers' facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. 510. Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act: Provided , That for purposes of the preceding sentence, the term Buy American Act means chapter 83 of title 41, United States Code. 512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ). 513. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ) unless explicitly authorized by the Congress. 514. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 515. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 516. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 517. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ). 518. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 519. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 520. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 521. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 522. None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination: Provided , That for purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations: Provided further , That the total cost to the Department of Homeland Security of any such conference shall not exceed $500,000: Provided further , That employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees. 523. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 524. None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for any structural pay reform that affects more than 100 full-time positions or costs more than $5,000,000 in a single year unless it has been explicitly justified to the Congress in budget justification materials and subsequently enacted by Congress, or if not so justified and enacted, before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time positions affected by such change; (2) funding required for such change for the current year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) an analysis of compensation alternatives to such change that were considered by the Department. 525. (a) Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except as otherwise specified in law. 526. (a) Funding provided in this Act for Operations and Support may be used for minor procurement, construction, and improvements. (b) For purposes of subsection (a), minor refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property. 527. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. 528. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 ) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2022. 529. (a) For an additional amount for Federal Emergency Management Agency—Federal Assistance , $3,000,000, to remain available until September 30, 2023, exclusively for providing reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret Service. (b) Subsections (b) through (f) of section 534 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 ), shall be applied with respect to amounts made available by subsection (a) of this section by substituting October 1, 2022 for October 1, 2018 and October 1, 2021 for October 1, 2017 . 530. (a) Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) shall be applied— (1) in subsection (a), by substituting September 30, 2022, for September 30, 2017, ; and (2) in subsection (c)(1), by substituting September 30, 2022, for September 30, 2017 . (b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ), may carry out prototype projects under section 2371b of title 10, United States Code, and the Secretary shall perform the functions of the Secretary of Defense as prescribed. (c) The Secretary of Homeland Security under section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(d) ) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code. 531. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (1) A Member of Congress. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (b) Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight. (c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a). 532. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation. (b) Subsection (a) shall not apply with respect to a pregnant woman if— (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman— (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (2) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman. (c) If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side. 533. (a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any— (1) death of, (2) potential sexual assault or abuse perpetrated against, or (3) allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security. (b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual. 534. Within 60 days of any budget submission for the Department of Homeland Security for fiscal year 2023 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed in such proposals in the event that they are not enacted prior to October 1, 2022. 535. Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a covered individual ), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the appropriate congressional committees ): Provided , That the notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection: Provided further , That not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees: Provided further , That not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection. 536. There is hereby established in the Treasury of the United States a fund to be known as the Department of Homeland Security Nonrecurring Expenses Fund (the Fund): Provided , That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further , That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget: Provided further , That amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. 537. Subsection (c) of section 16005 of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) shall be applied as if the language read as follows: Subsection (a) shall apply until September 30, 2022. . 538. There is hereby appropriated $25,000,000, for an additional amount for Department of State—Administration of Foreign Affairs—Diplomatic Programs to remain available until September 30, 2022 and in addition to amounts otherwise made available for such purposes, for the Global Engagement Center to counter foreign propaganda and disinformation. RESCISSION OF FUNDS 539. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 ( Public Law 99–177 ): (1) $21,650 from the unobligated balances available in the Office of the Executive Secretary—Operations and Support account (70 × 0100). (2) $1,810 from the unobligated balances available in the Office of the Undersecretary for Management account (70 × 0112). (3) $12,628,523 from the unobligated balances available in the Management Directorate—Office of the Chief Information Officer and Operations account (70 × 0113). (4) $8,456 from the unobligated balances available in Treasury Account Fund Symbol 70 × 0504, Immigration and Customs Enforcement, Border and Transportation Security, INS . (5) $503 from the unobligated balances available in Treasury Account Fund Symbol 70 × 8598, U.S. Immigration and Customs Enforcement, Violent Crime Reduction Program . (6) $7,006 from the unobligated balances available in Treasury Account Fund Symbol 70 × 0508, Transportation Security Administration, Expenses . (7) $11,412 from the unobligated balances available in the Transportation Security Administration—Federal Air Marshals account (70 × 0541). (8) $311 from the unobligated balances available in the Transportation Security Administration—Surface Transportation Security account (70 × 0551). (9) $5,308,328 from the unobligated balances available in the Transportation Security Administration—Intelligence and Vetting account (70 × 0557). (10) $1.41 from the unobligated balances available in the Transportation Security Administration—Research and Development account (70 × 0553). (11) $322,105 from the unobligated balances available in the Transportation Security Administration—Transportation Security Support account (70 × 0554). (12) $457,920 from the unobligated balances available in Treasury Account Fund Symbol 70 × 0900, Cybersecurity and Infrastructure Security Agency, Operating Expenses . (13) $199,690 from the unobligated balances available in the Federal Emergency Management Agency—State and Local Programs account (70 × 0560). (14) $1,670 from the unobligated balances available in the Federal Emergency Management Agency—Administrative and Regional Operations, Emergency Preparedness and Response account (70 × 0712). (15) $115,138 from the unobligated balances available in the Federal Emergency Management Agency—Operations and Support account (70 × 0700). (16) $1,243,822 from the unobligated balances available in Treasury Account Fund Symbol 70 × 0300, U.S. Citizenship and Immigration Services, Operations and Support . (17) $350,656 from the unobligated balances available in the Countering Weapons of Mass Destruction Office—Research and Development account (70 × 0860). (18) $3,000,000 from the unobligated balances available in the Federal Emergency Management Agency—National Predisaster Mitigation Fund account (70 × 0716). (19) $65,000,000 from Public Law 116–93 under the heading Coast Guard—Procurement, Construction, and Improvements . (20) $24,339,000 from the unobligated balances available in the U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology account (70 × 0533). (21) $10,000,000 from Public Law 116–260 under the heading U.S. Customs and Border Protection—Procurement, Construction, and Improvements . (22) $6,161,000 from the unobligated balances available in the U.S. Customs and Border Protection—Procurement, Construction, and Improvements account (70 × 0532). (23) $4,500,000 from Public Law 115–141 under the heading U.S. Customs and Border Protection—Construction and Facility Improvements . (24) $6,999 from the unobligated balances available in the U.S. Customs and Border Protection—Operations and Support account (70 × 0530). (25) $1,893,663,000 from the unobligated prior year balances from U.S. Customs and Border Protection—Procurement, Construction, and Improvements . This Act may be cited as the Department of Homeland Security Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3058is/xml/BILLS-117s3058is.xml
|
117-s-3059
|
II 117th CONGRESS 1st Session S. 3059 IN THE SENATE OF THE UNITED STATES October 25, 2021 Mr. Cornyn (for himself, Mr. Coons , Mr. Kennedy , Mr. Whitehouse , Mr. Durbin , Mr. Cruz , Mr. Grassley , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Ethics in Government Act of 1978 to provide for a periodic transaction reporting requirement for Federal judicial officers and the online publication of financial disclosure reports of Federal judicial officers, and for other purposes.
1. Short title This Act may be cited as the Courthouse Ethics and Transparency Act of 2021 . 2. Findings Congress finds that— (1) recent reports indicate certain Federal judges have failed to recuse themselves from cases and controversies in which the financial interests of the Federal judges are implicated; (2) Federal law and the judicial recusal rules applicable to Federal judges require that Federal judges disqualify themselves in any proceeding in which the impartiality of the Federal judges might be reasonably questioned, including instances in which a Federal judge has any financial interest in the subject matter in controversy or in a party to the proceeding; (3) litigants and the public have an interest in fair and impartial judicial proceedings, the results and conduct of which avoid any appearance of impropriety; and (4) in 2012, the STOCK Act ( Public Law 112–105 ; 126 Stat. 291) was enacted, which provides that Members of Congress and Federal officials have a duty of trust and confidentiality to not use information obtained from their official duties for private gain, including the purchase and sale of stocks, bonds, commodities, futures, and other securities. 3. Periodic transaction reports and online publication of financial disclosure reports of Federal judicial officers (a) Periodic transaction reporting requirement for Federal judicial officers (1) In general Section 103( l ) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (11) Each judicial officer. . (2) Effective date The amendment made by paragraph (1) shall apply to applicable transactions occurring on or after the date that is 90 days after the date of enactment of this Act. (b) Online publication of financial disclosure reports of Federal judicial officers Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Online publication of financial disclosure reports of judicial officers (1) Establishment of database Not later than 180 days after the date of enactment of the Courthouse Ethics and Transparency Act of 2021 , the Administrative Office of the United States Courts shall establish a searchable internet database to enable public access to any report required to be filed by a judicial officer under this title. (2) Availability Not later than 90 days after the date on which a report is required to be filed under this title by a judicial officer, the Administrative Office of the United States Courts shall make the report available on the database established under paragraph (1) in a full-text searchable, sortable, and downloadable format for access by the public. (3) Redaction Any report made available on the database established under paragraph (1) shall not contain any information that is redacted in accordance with subsection (b)(3). . (c) Technical and conforming amendments (1) Section 103( l ) of the Ethics in Government Act of 1978 (5 U.S.C. App.) (as amended by subsection (a)(1)) is amended— (A) in paragraph (9), by striking , as defined under section 109(12) ; and (B) in paragraph (10), by striking , as defined under section 109(13) . (2) Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) (as amended by subsection (b)) is amended— (A) in subsection (a)(1), by striking be revealing and inserting by revealing ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in the first sentence, by striking be,, and inserting be, ; and (II) in the third sentence, by striking may be may and inserting may be, may ; and (ii) in paragraph (3)(A), by striking described in section 109(8) or 109(10) of this Act and inserting who is a judicial officer or a judicial employee . (3) Section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended in the last sentence by striking and (d) and inserting and (e) .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3059is/xml/BILLS-117s3059is.xml
|
117-s-3060
|
II 117th CONGRESS 1st Session S. 3060 IN THE SENATE OF THE UNITED STATES October 25, 2021 Mr. Schatz (for himself, Mr. Blumenthal , Mr. Padilla , Mr. Cardin , Mr. Sanders , Mr. Wyden , Mr. Booker , Mr. Whitehouse , Ms. Klobuchar , Mr. Durbin , Ms. Duckworth , Mr. Van Hollen , Ms. Smith , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to establish an Office of Prison Education, and for other purposes.
1. Short title This Act may be cited as the Promoting Reentry through Education in Prisons Act of 2021 or the PREP Act . 2. Findings; purpose (a) Findings Congress finds the following: (1) Over the course of an 8-year-period following the release of individuals from Federal prisons, the United States Sentencing Commission found that 49.3 percent of such individuals were rearrested, 31.7 percent were reconvicted, and 24.6 percent were reincarcerated. (2) The Bureau of Justice Statistics found that over a similar time period as described in paragraph (1), 83 percent of people released from State prisons were rearrested. (3) A broad spectrum of prison education programming can prepare individuals for the contemporary workforce pre-release, ensuring that upon release the individuals are best situated to be productive members of their communities. (4) Education for people in prisons has a clear public safety benefit, reducing recidivism rates by over 43 percent. (5) Employment is 13 percent higher for individuals who participated in either academic or vocational programs in prison, and 28 percent higher for individuals who participated in vocational programs alone. (6) During the first 3 years after an individual is released, each dollar spent on funding prison education programs reduces incarceration costs by 4 to 5 dollars. (7) Prison education helps to improve the safety of the prison environment, not only for incarcerated individuals, but also for correctional officers and prison staff. (8) A 2016 analysis of the Bureau of Prisons education programs found that the Bureau of Prisons spends 20 percent as much on inmate education as the nearest-sized State prison systems and experiences a proportionally low return. (9) The 2016 analysis described in paragraph (8) also found that the Bureau of Prisons lacked the staff, programmatic strategy and alignment, budget, assessment, and educational support to effectively administer educational programs. (b) Purpose The purpose of this Act is to create a dedicated office within the Bureau of Prisons to— (1) improve the prison education programs provided by the Bureau of Prisons; (2) ensure access to quality education programs across all Federal penal and correctional institutions; (3) create partnerships with education providers to offer quality programs; and (4) create a repository of research and best practices for State and local correctional institutions on quality education programs. 3. Definitions In this Act: (1) Assistant Director The term Assistant Director means the Assistant Director for Prison Education appointed under section 4142(b) of title 18, United States Code, as added by this Act. (2) Director The term Director means the Director of the Bureau of Prisons. 4. Office of Prison Education (a) In general Part III of title 18, United States Code, is amended by inserting after chapter 307 the following: 308 Education Sec. 4141. Definitions. 4142. Office of Prison Education. 4143. Federal Prison Education Program. 4141. Definitions In this chapter: (1) Assistant Director The term Assistant Director means the Assistant Director for Prison Education appointed under section 4142(b). (2) Director The term Director means the Director of the Bureau of Prisons. (3) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) High school diploma The term high school diploma has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 4142. Office of Prison Education (a) Purposes The purposes of this chapter are to— (1) ensure that all Federal penal and correctional institutions provide quality educational programs for incarcerated individuals; (2) be a nationwide repository for research, policies, and best practices on education in prison; and (3) offer training and technical assistance for State prison systems in implementing and administering education programs in prison. (b) Establishment of the Office of Prison Education The Director shall establish within the Bureau of Prisons an Office of Prison Education, which shall be headed by an Assistant Director for Prison Education appointed by the Director. (c) Functions of the Office of Prison Education The Office of Prison Education required to be established under this section shall ensure the provision of educational services for incarcerated individuals in all Federal penal and correctional institutions, including programs such as adult literacy, basic skills development, education toward a regular high school diploma or its recognized equivalent, postsecondary education, workforce development, that leads to an industry-recognized credential, a certificate, or an associate degree, pre-apprenticeships, registered apprenticeships, career and technical education, and expanded opportunities for individuals with a disability, including by— (1) implementing the Federal Prison Education Program under section 4143; (2) coordinating and standardizing quality, evidence-based, and effective education programs in prison and services across all Federal penal and correctional institutions; (3) coordinating relevant Federal agencies in providing quality educational services, including by consulting with the Office of Career, Technical, and Adult Education of the Department of Education; (4) coordinating with the Secretary of Veterans Affairs to identify and provide information to incarcerated veterans regarding potential eligibility for educational assistance under laws administered by the Secretary, including educational assistance under chapters 30 and 33 of title 38, United States Code; (5) conducting research and issuing reports on education programs in prison, including on best practices, particularly as it relates to pedagogy and instruction of incarcerated people; (6) providing training and technical assistance for State prison systems to improve education programs in prison; and (7) coordinating with the Bureau of Justice Statistics, the National Institute of Justice, National Center for Education Statistics, the National Institute of Corrections, and other relevant agencies as designated by the Assistant Director in collecting and reporting Federal and State data on— (A) the number of individuals who enroll in and complete an education program in prison, including a regular high school diploma or its recognized equivalent, a career and technical education sequence, or a postsecondary degree or certificate; (B) the number of individuals who do not complete an education program in prison and the reasons for non-completion; (C) any State or Federal prohibitions or limitations on employment for individuals with felony convictions who complete an education program in prison; (D) the correlation between participating in or completing an education program in prison and continued educational enrollment, both in-custody and post-release; (E) the correlation between participating in and completing an education program in prison with post-release outcomes, including job placement, job retention, and recidivism; (F) the correlation between participating in and completing an education program in prison with in-custody outcomes, including enrollment in other education or training programs and reduction in citations; (G) the impact of the correlation described in subparagraphs (C) through (F) on overall corrections spending through factors such as— (i) impacts on recidivism; (ii) spending on Federal penal and correctional institutions and State prisons; and (iii) other relevant factors; and (H) other relevant data. 4143. Federal Prison Education Program (a) Definitions In this section: (1) Demonstrated effectiveness The term demonstrated effectiveness means the past effectiveness of an eligible provider demonstrated by providing— (A) performance data on its record of improving the skills of eligible students, particularly eligible individuals who have low levels of literacy, in the content domains of reading, writing, mathematics, English language acquisition, and other relevant subject areas; and (B) information regarding its outcomes for participants related to program completion, employment attainment, pursuit of additional education, and other relevant factors. (2) Eligible provider The term eligible provider means an organization that has demonstrated effectiveness in providing programs such as adult literacy, basic skills development, education toward a regular high school diploma or its recognized equivalent, postsecondary education, workforce readiness, apprenticeships, career and technical education, and programing individuals with learning disabilities, which may include— (A) an institution of higher education; (B) a local educational agency; (C) a community-based organization or faith-based organization; (D) a volunteer literacy organization; (E) a public or private nonprofit agency; (F) a nonprofit institution that is not described in subparagraphs (A) through (E) and has the ability to provide adult education and literacy activities to eligible individuals; (G) a consortium or coalition of the agencies, organizations, and institutions described in any of subparagraphs (A) through (F); and (H) a partnership between an employer and an entity described in any of subparagraphs (A) through (G). (3) Eligible student The term eligible student means an individual who is incarcerated in a Federal correctional facility. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Program The term Program means the Federal Prison Education Program required to be established under subsection (b)(1). (b) Authorization (1) In general The Assistant Director shall establish a Federal Prison Education Program to develop and support partnerships between eligible providers and Federal correctional facilities to provide quality educational opportunities to facilitate successful community reintegration. (2) Selection of eligible providers The Assistant Director shall select eligible providers to partner with Federal correctional facilities to develop quality education programs for eligible students, such as— (A) adult literacy; (B) basic skills development; (C) education toward a regular high school diploma or its recognized equivalent; (D) postsecondary education; (E) workforce development that leads to an industry recognized credential, a certificate, or an associate degree; (F) apprenticeships; and (G) career and technical education. (3) Quality programs When determining which eligible providers will be selected for participation in the Program, the Assistant Director shall— (A) consider the evidence that an eligible provider demonstrates a strong record on student outcomes and successful community reintegration that shall include— (i) high rates of program completion; (ii) a demonstrated record of a reduction in recidivism rates, if available; (iii) success in securing employment, if available; (iv) employment retention, if available; (v) housing stability, if available; and (vi) other relevant factors; and (B) give preference to eligible providers that demonstrate success in the categories described in subparagraph (A). (4) Diploma mills The Assistant Director will prevent diploma mills (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) from participating in the Program. (c) Participation by eligible providers (1) In general An eligible provider that desires to participate in the Program under this section shall— (A) develop a quality program, in coordination with the Federal correctional facility with which the institution is in partnership, for eligible students, in which the Federal correctional facility shall administer the logistics of the program, such as— (i) scheduling; (ii) location and space; (iii) security; and (iv) other logistical factors; (B) ensure that all eligible students without a verifiable high school diploma or its recognized equivalent receive adult literacy, basic adult education, skills development, and education toward a regular high school diploma or its recognized equivalent; and (C) prioritize workforce development programs that prepare eligible students for in-demand sectors or occupations from which they are not legally barred from entering due to restrictions on formerly incarcerated individuals obtaining any necessary licenses or certifications for those occupations, and in doing so, providers shall— (i) consider State licensing requirements, administrative barriers, and waiver provisions that will impact eligible students in certain occupations when designing their programs; and (ii) inform eligible students prior to participation in programs of potential prohibitions or limitations to licensing or employment upon release depending on the program offered and the States in which eligible students settle. (2) Information to eligible students Eligible providers that participate in the Program under this section shall, as applicable— (A) disclose to eligible students and the Office of Prison Education information about any part of the academic program developed under this section that, by design, cannot be completed while a student is incarcerated, as well as the options available for an eligible student to complete any remaining program requirements post-release; (B) offer eligible students who are released while in enrolled in an education program in prison education the opportunity to continue the students’ enrollment in the academic program and transfer credits earned if the student is released from the Federal correctional facility prior to completion of the education program; (C) inform eligible students of the academic and financial aid options available if the students are not able to complete the academic program while incarcerated, including whether the eligible students can continue in the program after release, transfer credits earned in the program to another program offered by the institution, or transfer credits earned in the program to another institution of higher education; (D) for eligible students who wish to continue their education upon release— (i) offer academic advising; and (ii) offer appropriate financial aid counseling, including Federal and State financial aid and student loan counseling; and (E) offer eligible students career counseling and job placement assistance upon completion of an education program in prison and release from custody. (3) Information to the Office of Prison Education An eligible provider that participates in the Program under this section shall submit to the Assistant Director— (A) a plan for providing academic and career guidance to eligible students, as well as transition services, to support successful community reintegration of such students; and (B) relevant information about the eligible students participating in the Program it relates to subparagraph (A). (d) Technical assistance The Assistant Director shall work with relevant Federal agencies to provide technical assistance to eligible providers, and the Federal correctional facilities with which they are in partnership, developing new quality academic programs for eligible students, or expanding existing programs. (e) Annual report (1) In general An eligible provider that participates in the Program, working with the Federal correctional facility with which it is in partnership, shall submit to the Assistant Director an annual report on the provider’s academic program for eligible students, including implementation and results. (2) Contents of report Each annual report submitted under paragraph (1) shall include information on— (A) courses and programs offered; (B) numbers, rates, and types of certificates and degrees awarded; (C) the partnership with the Federal correctional facility, including information on space allocation, resources, staffing, and other relevant information on effective collaboration; (D) the effectiveness of the various education program’s length, and the value of credentials or degrees earned with different credit length; (E) the variance of different doses or credit length by educational program; (F) the models of instruction, curriculum, and other characteristics of program delivery that are most effective in a correctional environment; (G) challenges in providing programs and courses in the prison settings; (H) how such challenges were addressed; (I) suggestions for the agency to assist in addressing challenges; (J) impacts on the environment and safety of the correctional facility; (K) average and projected costs, overall and per student, of the program; (L) student demographic data, including age, gender, race, ethnicity, and security or custody level; and (M) other relevant data. (f) Evaluation (1) In general The Assistant Director, in coordination with the National Institute of Justice, the Bureau of Justice Statistics, the National Institute of Corrections, and the Secretary of Education, shall conduct an evaluation of the Program that assesses— (A) in-custody outcomes, including impacts on tickets, segregation, program participation outside of education, and continued enrollment in the Program; (B) post-release outcomes of the Program, including— (i) postsecondary enrollment in and continuance of education by eligible students after release; (ii) degree attainment from an institution of higher education; (iii) progress toward a degree in credits or time; (iv) continued participation in educational programs after release; (v) factors related to the pursuit of education, such as housing attainment; and (vi) other relevant factors; (C) the impact of the Program on safety in correctional facilities; (D) the demand for participation in the Program, including the size of waiting lists; (E) employment outcomes of participants in the Program; (F) the impact of the Program on recidivism; and (G) other relevant data. (2) Disaggregation The data collected through the evaluation required under paragraph (1) shall, to the extent practicable, be disaggregated by program provider to facilitate selection of eligible providers under subsection (b). (3) Student outcomes The evaluation described in paragraph (1) shall gather data on eligible students while incarcerated and for the 3- and 5- year periods post-release from incarceration. (4) Partnership The evaluation described in paragraph (1) shall be conducted in partnership with one or multiple external evaluators. (5) Publication Not later than 180 days after the date on which the evaluations required under paragraph (1) is completed, the Assistant Director shall— (A) submit the evaluation, including recommendations for Program improvements, to Congress; and (B) publish the evaluation. (g) Matching funds The Federal share of the cost of an academic program carried out under this section may not exceed 75 percent of the total cost of the academic program. (h) Allocation of funds For fiscal years 2020 through 2026, of the amounts appropriated to the Bureau of Prisons, $170,000,000 shall be used to carry out subsection (b). . (b) Amendment to duties of the Bureau of Prisons Section 4042(a) of title 18, United States Code, is amended— (1) in subparagraph (D)— (A) by striking (D) establish and inserting (6) establish ; and (B) in clause (ii), by striking and at the end; (2) by inserting after paragraph (6), as so redesignated, the following: (7) establish the Office of Prison Education required under section 4142; and ; and (3) in subparagraph (E), by striking (E) establish and inserting (8) establish . (c) Table of chapters amendment The table of chapters for part III of title 18, United States Code, is amended by inserting after the item relating to section 307 the following: 308. Education 4141 . 5. Prison education research, polices, and best practices (a) In general The Assistant Director, in collaboration with relevant Federal agencies, including the Department of Education, State correctional agencies, State and local correctional institutions, civil rights organizations, criminal justice organizations, and research agencies and organizations, shall establish and maintain a clearinghouse for research, policies, and best practices on quality education programs in prison. (b) Information to the public The Assistant Director shall maintain information and resources on the public-facing website of the Bureau of Prisons. 6. Training and technical assistance (a) In general The Assistant Director shall use funds available to the Bureau of Prisons to provide State correctional institutions with training and technical assistance on developing and implementing policies and procedures for quality education programs in prison. (b) Partnership Federal correctional and penal institutions with education programs in prison established under section 4143 of title 18, United States Code, as added by this Act, may partner with State and local correctional institutions and education providers located in the same State or region to facilitate training and technical assistance to improve the quality of correctional education offered in State prisons. 7. Prison education for incarcerated veterans (a) In general The Secretary of Veterans Affairs, in coordination with the Director and State correctional agencies, shall— (1) carry out a program of outreach to inform veterans incarcerated in a Federal or State correctional facility about potential eligibility for educational assistance under laws administered by the Secretary, including educational assistance under chapters 30 and 33 of title 38, United States Code; (2) ensure that educational assistance under laws administered by the Secretary is available to a veteran who is incarcerated as described in paragraph (1) and otherwise eligible for the assistance; (3) assist each veteran who is incarcerated as described in paragraph (1) and eligible for educational assistance under a law administered by the Secretary by connecting the veteran to one or more quality education programs in prison, including the Federal Prison Education Program established under section 4143 of title 18, United States Code, as added by this Act, when the veteran is incarcerated in a Federal or State correctional facility that provides one or more education programs in prison that are approved for the use of such assistance; (4) provide financial aid counseling related to continued educational enrollment and matriculation post-release; and (5) compile and make available to incarcerated veterans a resource guide for incarcerated veterans that includes general information about the availability, post-release, of— (A) educational assistance available under laws administered by the Secretary; and (B) job counseling, training, and placement services available under chapters 41 and 42 of title 38, United States Code. (b) Limitation on provision of educational assistance (1) Monthly housing stipend A veteran with a felony conviction who is incarcerated in a Federal or State correctional facility may not receive, while so incarcerated— (A) any monthly housing stipend under section 3313 of title 38, United States Code; or (B) any amount under section 3014 of such title otherwise payable to help meet the veteran's subsistence costs. (2) Costs covered by other programs Notwithstanding any other provision of law, the Secretary shall reduce the amount of educational assistance that the Secretary would otherwise provide to a veteran described in paragraph (1) under a law administered by the Secretary for costs of tuition, fees, supplies, books, equipment, and other educational costs relating to pursuing a program of education while incarcerated by an amount equal to the amount that such costs are paid by another Federal, State, or local program.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3060is/xml/BILLS-117s3060is.xml
|
117-s-3061
|
II 117th CONGRESS 1st Session S. 3061 IN THE SENATE OF THE UNITED STATES October 25, 2021 Ms. Collins (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to eliminate the 190-day lifetime limit on inpatient psychiatric hospital services under the Medicare Program.
1. Short title This Act may be cited as the Medicare Mental Health Inpatient Equity Act of 2021 . 2. Elimination of 190-day lifetime limit on inpatient psychiatric hospital services (a) In general Section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended— (1) in subsection (b)— (A) in paragraph (1), by adding or at the end; (B) in paragraph (2), by striking ; or at the end and inserting a period; and (C) by striking paragraph (3); and (2) in subsection (c), by striking (but shall not be included and all that follows before the period at the end. (b) Effective Date The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2023.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3061is/xml/BILLS-117s3061is.xml
|
117-s-3062
|
II 117th CONGRESS 1st Session S. 3062 IN THE SENATE OF THE UNITED STATES October 25, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF LABOR Employment and Training Administration TRAINING AND EMPLOYMENT SERVICES For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as WIOA ) and the National Apprenticeship Act, $4,023,731,000, plus reimbursements, shall be available. Of the amounts provided: (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,938,102,000 as follows: (A) $882,987,000 for adult employment and training activities, of which $170,987,000 shall be available for the period July 1, 2022 through June 30, 2023, and of which $712,000,000 shall be available for the period October 1, 2022 through June 30, 2023; (B) $944,837,000 for youth activities, which shall be available for the period April 1, 2022 through June 30, 2023; and (C) $1,110,278,000 for dislocated worker employment and training activities, of which $250,278,000 shall be available for the period July 1, 2022 through June 30, 2023, and of which $860,000,000 shall be available for the period October 1, 2022 through June 30, 2023: Provided , That the funds available for allotment to outlying areas to carry out subtitle B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act; and (2) for national programs, $1,085,629,000 as follows: (A) $315,859,000 for the dislocated workers assistance national reserve, of which $115,859,000 shall be available for the period July 1, 2022 through September 30, 2023, and of which $200,000,000 shall be available for the period October 1, 2022 through September 30, 2023: Provided , That funds provided to carry out section 132(a)(2)(A) of the WIOA may be used to provide assistance to a State for statewide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further , That funds provided to carry out sections 168(b) and 169(c) of the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance to new entrants in the workforce and incumbent workers: Provided further , That notwithstanding section 168(b) of the WIOA, of the funds provided under this subparagraph, the Secretary of Labor (referred to in this title as Secretary ) may reserve not more than 10 percent of such funds to provide technical assistance and carry out additional activities related to the transition to the WIOA: Provided further , That of the funds provided under this subparagraph, $190,000,000 shall be for training and employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section) and 170 of the WIOA as follows: (i) $45,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1) , workers in the Lower Mississippi, as defined in section 4(2) of the Delta Development Act ( Public Law 100–460 , 102 Stat. 2246; 7 U.S.C. 2009aa(2) ), and workers in the region served by the Northern Border Regional Commission, as defined by 40 U.S.C. 15733 ; (ii) $45,000,000 shall be for the purpose of developing, offering, or improving educational or career training programs at community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, eligible to participate through consortia, with community colleges as the lead grantee: Provided , That any grant funds used for apprenticeships shall be used to support only apprenticeship programs registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA; (iii) $30,000,000 shall be for training and employment assistance for workers in communities that have experienced job losses due to dislocations in industries related to fossil fuel extraction or energy production; (B) $58,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2022 through June 30, 2023; (C) $96,711,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $89,315,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,429,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $967,000 for other discretionary purposes, which shall be available for the period April 1, 2022 through June 30, 2023: Provided , That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services: Provided further , That notwithstanding the definition of eligible seasonal farmworker in section 167(i)(3)(A) of the WIOA relating to an individual being low-income , an individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under that definition if, in addition to meeting the requirements of clauses (i) and (ii) of section 167(i)(3)(A), such individual is a member of a family with a total family income equal to or less than 150 percent of the poverty line; (D) $120,000,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2022 through June 30, 2023; (E) $125,000,000 for ex-offender activities, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2022 through June 30, 2023: Provided , That of this amount, $25,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare for employment young adults with criminal records, young adults who have been justice system-involved, or young adults who have dropped out of school or other educational programs, with a priority for projects serving high-crime, high-poverty areas; (F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2022 through June 30, 2023; (G) $245,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, including equity intermediaries and business and labor industry partner intermediaries, which shall be available for the period July 1, 2022 through June 30, 2023; (H) $25,000,000 for a National Youth Employment Program, under the authority of section 169 of the WIOA, including the expansion of summer and year-round job opportunities for disadvantaged youth, which shall be available for the period April 1, 2022 through June 30, 2023; (I) $10,000,000 for a national training program for veterans, members of the armed forces who are separating from active duty, and the spouses of veterans and such members, focused on training related to employment in clean energy sectors and occupations, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2022 through June 30, 2023; and (J) $84,059,000 for carrying out Demonstration and Pilot projects under section 169(c) of the WIOA, which shall be available for the period April 1, 2022 through June 30, 2023, in addition to funds available for such activities under subparagraph (A) for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided , That such funds may be used for projects that are related to the employment and training needs of dislocated workers, other adults, or youth: Provided further , That the 10 percent funding limitation under such section shall not apply to such funds: Provided further , That section 169(b)(6)(C) of the WIOA shall not apply to such funds: Provided further , That sections 102 and 107 of this Act shall not apply to such funds. JOB CORPS (INCLUDING TRANSFER OF FUNDS) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,754,759,000, plus reimbursements, as follows: (1) $1,607,325,000 for Job Corps Operations, which shall be available for the period July 1, 2022 through June 30, 2023; (2) $113,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2022 through June 30, 2025, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided , That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies: Provided further , That any funds transferred pursuant to the preceding provision shall not be available for obligation after June 30, 2022: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $34,434,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2021 through September 30, 2022: Provided , That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers. COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA ), $410,000,000, which shall be available for the period April 1, 2022 through June 30, 2023, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES For payments during fiscal year 2022 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, $540,000,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2022: Provided , That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the Trade Act of 1974 ( 19 U.S.C. 2317(c) ). STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS (INCLUDING TRANSFER OF FUNDS) For authorized administrative expenses, $89,066,000, together with not to exceed $3,914,791,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund ), of which— (1) $3,075,214,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $250,000,000 to carry out reemployment services and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments: Provided , That of such amount, $117,000,000 is specified for grants under section 306 of the Social Security Act and is provided to meet the terms of section 4004(b)(4)(B) and section 4005(d)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and $133,000,000 is additional new budget authority specified for purposes of section 4004(b)(4) and section 4005(d) of such resolution; and $9,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523 , and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, and shall be available for obligation by the States through December 31, 2022, except that funds used for automation shall be available for Federal obligation through December 31, 2022, and for State obligation through September 30, 2024, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 2028, and for expenditure through September 30, 2029, and funds for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2022, and for obligation by the States through September 30, 2024, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2023, and funds used for unemployment insurance workloads experienced through September 30, 2022 shall be available for Federal obligation through December 31, 2022; (2) $68,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $663,449,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2022 through June 30, 2023; (4) $22,318,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986 (including assisting States in adopting or modernizing information technology for use in the processing of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $85,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $62,528,000 shall be available for the Federal administration of such activities, and $23,282,000 shall be available for grants to States for the administration of such activities; and (6) $67,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2022 through June 30, 2023, of which up to $9,800,000 shall be used to carry out research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided , That the Secretary may transfer amounts made available for research and demonstration projects under this paragraph to the Office of Disability Employment Policy account for such purposes: Provided , That to the extent that the Average Weekly Insured Unemployment ( AWIU ) for fiscal year 2022 is projected by the Department of Labor to exceed 2,008,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further , That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further , That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further , That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System: Provided further , That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities: Provided further , That States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States and non-State entities under such grants, subject to the conditions applicable to the grants: Provided further , That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the final rule entitled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at part 200 of title 2, Code of Federal Regulations: Provided further , That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemployment Insurance Information Technology Support Center in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request: Provided further , That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2023, for such purposes. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509 , and to the Federal Unemployment Benefits and Allowances account, such sums as may be necessary, which shall be available for obligation through September 30, 2023. PROGRAM ADMINISTRATION For expenses of administering employment and training programs, $127,505,000, together with not to exceed $58,931,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee Benefits Security Administration SALARIES AND EXPENSES For necessary expenses for the Employee Benefits Security Administration, $222,475,000, of which up to $3,000,000 shall be available for obligation through September 30, 2023, for the procurement of expert witnesses for enforcement litigation. Pension Benefit Guaranty Corporation PENSION BENEFIT GUARANTY CORPORATION FUND The Pension Benefit Guaranty Corporation ( Corporation ) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 , as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2022, for the Corporation: Provided , That none of the funds available to the Corporation for fiscal year 2022 shall be available for obligations for administrative expenses in excess of $472,955,000: Provided further , That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2022, an amount not to exceed an additional $9,200,000 shall be available through September 30, 2026, for obligations for administrative expenses for every 20,000 additional terminated participants: Provided further , That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2026 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That an additional amount shall be available for obligation through September 30, 2026 to the extent the Corporation's expenses exceed $250,000 for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach, not to exceed an additional $100 per affected individual. Wage and Hour Division SALARIES AND EXPENSES For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $278,700,000. Office of Labor-Management Standards SALARIES AND EXPENSES For necessary expenses for the Office of Labor-Management Standards, $47,437,000. Office of Federal Contract Compliance Programs SALARIES AND EXPENSES For necessary expenses for the Office of Federal Contract Compliance Programs, $135,732,000. Office of Workers' Compensation Programs SALARIES AND EXPENSES For necessary expenses for the Office of Workers' Compensation Programs, $138,604,000, together with $2,205,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation, benefits, and expenses (except administrative expenses not otherwise authorized) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 ; continuation of benefits as provided for under the heading Civilian War Benefits in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act ( 50 U.S.C. App. 2012 ); obligations incurred under the War Hazards Compensation Act ( 42 U.S.C. 1701 et seq. ); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, $244,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees' Compensation Fund established under 5 U.S.C. 8147(a) : Provided , That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further , That balances of reimbursements unobligated on September 30, 2021, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further , That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2022: Provided further , That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees' Compensation Act, $80,920,000 shall be made available to the Secretary as follows: (1) For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $27,445,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $25,859,000; (3) For periodic roll disability management and medical review, $25,860,000; (4) For program integrity, $1,756,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further , That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81 , or the Longshore and Harbor Workers' Compensation Act, provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe. SPECIAL BENEFITS FOR DISABLED COAL MINERS For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 , $32,970,000, to remain available until expended. For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2023, $11,000,000, to remain available until expended. ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $63,428,000, to remain available until expended: Provided , That the Secretary may require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed. BLACK LUNG DISABILITY TRUST FUND (INCLUDING TRANSFER OF FUNDS) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund ), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2022 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $41,464,000 for transfer to the Office of Workers’ Compensation Programs, Salaries and Expenses ; not to exceed $37,598,000 for transfer to Departmental Management, Salaries and Expenses ; not to exceed $342,000 for transfer to Departmental Management, Office of Inspector General ; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. Occupational Safety and Health Administration SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $665,924,000, including not to exceed $118,875,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act ), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302 , the Occupational Safety and Health Administration may retain up to $499,000 per fiscal year of training institute course tuition and fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education: Provided , That notwithstanding 31 U.S.C. 3302 , the Secretary is authorized, during the fiscal year ending September 30, 2022, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further , That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further , That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred ( DART ) occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except— (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further , That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further , That $13,787,000 shall be available for Susan Harwood training grants, of which not more than $6,500,000 is for Susan Harwood Training Capacity Building Developmental grants, for program activities starting not later than September 30, 2022 and lasting for a period of 12 months: Provided further , That not less than $3,500,000 shall be for Voluntary Protection Programs. Mine Safety and Health Administration SALARIES AND EXPENSES For necessary expenses for the Mine Safety and Health Administration, $402,209,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided , That notwithstanding 31 U.S.C. 3302 , not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities: Provided further , That notwithstanding 31 U.S.C. 3302 , the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities: Provided further , That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further , That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further , That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further , That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. Bureau of Labor Statistics SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $617,183,000, together with not to exceed $68,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of Disability Employment Policy SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $42,711,000, of which not less than $9,000,000 shall be for research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided , That the Secretary may transfer amounts made available under this heading for research and demonstration projects to the State Unemployment Insurance and Employment Service Operations account for such purposes. Departmental Management SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $443,662,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided , That $89,947,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2022: Provided further , That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further , That not less than $43,092,000 shall be for programs to combat exploitative child labor internationally and not less than $30,175,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries with which the United States has free trade agreements or trade preference programs: Provided further , That $10,040,000 shall be used for program evaluation and shall be available for obligation through September 30, 2023: Provided further , That funds available for program evaluation may be used to administer grants for the purpose of evaluation: Provided further , That grants made for the purpose of evaluation shall be awarded through fair and open competition: Provided further , That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer: Provided further , That the funds available to the Women's Bureau may be used for grants to serve and promote the interests of women in the workforce: Provided further , That of the amounts made available to the Women’s Bureau, not less than $2,500,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act. VETERANS' EMPLOYMENT AND TRAINING Not to exceed $264,831,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which— (1) $180,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach program specialists under section 4103A of such title and local veterans' employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for expenditure by the States through September 30, 2024, and not to exceed 3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided , That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $33,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144 ; (3) $48,038,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States Code: Provided , That, up to $500,000 may be used to carry out the Hire VETS Act (division O of Public Law 115–31 ); and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided , That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made. In addition, from the General Fund of the Treasury, $60,500,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided , That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2022, to provide services under such section: Provided further , That services provided under sections 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness: Provided further , That notwithstanding paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information: Provided further , That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for expenditure pursuant to 31 U.S.C. 1553 . In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided , That such sums shall be in addition to any other funds available for such purposes, including funds available under paragraph (3) of this heading: Provided further , That section 2(d) of division O of the Consolidated Appropriations Act, 2017 ( Public Law 115–31 ; 38 U.S.C. 4100 note) shall not apply. IT MODERNIZATION For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $43,269,000, which shall be available through September 30, 2023. OFFICE OF INSPECTOR GENERAL For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $89,738,000, together with not to exceed $5,660,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General Provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (TRANSFER OF FUNDS) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ) may be used for any purpose other than competitive grants for training individuals who are older than 16 years of age and are not currently enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training. 105. None of the funds made available by this Act under the heading Employment and Training Administration shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs. (TRANSFER OF FUNDS) 106. (a) Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration when it is determined that those services will be more efficiently performed by Federal employees: Provided , That this section shall not apply to section 171 of the WIOA. (b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to Program Administration in order to carry out program integrity activities that lead to a reduction in improper payments or prevent the unauthorized use of funds in any of the programs or activities that are funded under any such discretionary appropriations: Provided , That notwithstanding section 102 and the preceding proviso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the Office of Job Corps account to paragraph (3) of such account to carry out program integrity activities that lead to a reduction in improper payments or prevent the unauthorized use of funds in the Job Corps program: Provided further , That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities directly or through grants, cooperative agreements, contracts and other arrangements with States and other appropriate entities: Provided further , That funds transferred under the authority provided by this subsection shall be available for obligation through September 30, 2023. (TRANSFER OF FUNDS) 107. (a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2023: Provided , That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer. (b) The accounts referred to in subsection (a) are: Training and Employment Services , Job Corps , Community Service Employment for Older Americans , State Unemployment Insurance and Employment Service Operations , Employee Benefits Security Administration , Office of Workers' Compensation Programs , Wage and Hour Division , Office of Federal Contract Compliance Programs , Office of Labor Management Standards , Occupational Safety and Health Administration , Mine Safety and Health Administration , Office of Disability Employment Policy , funding made available to the Bureau of International Labor Affairs and Women's Bureau within the Departmental Management, Salaries and Expenses account, and Veterans' Employment and Training . 108. (a) Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) shall be applied as if the following text is part of such section: (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (3) For purposes of this subsection— (A) the term major disaster means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term affiliate means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company. . (b) This section shall be effective on the date of enactment of this Act. 109. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(B) ). 110. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 111. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs. 113. (a) The Act entitled An Act to create a Department of Labor , approved March 4, 1913 (37 Stat. 736, chapter 141) shall be applied as if the following text is part of such Act: 12. Security detail (a) In general The Secretary of Labor is authorized to employ law enforcement officers or special agents to— (1) provide protection for the Secretary of Labor during the workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by the Secretary; (2) provide protection, incidental to the protection provided to the Secretary, to a member of the immediate family of the Secretary who is participating in an activity or event relating to the official duties of the Secretary; (3) provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a significant and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and (4) provide protection to the Deputy Secretary of Labor in the performance of official duties at a public event outside of the United States if there is a significant and articulable threat of physical harm and protective services are not provided as part of an official U.S. visit. (b) Authorities The Secretary of Labor may authorize a law enforcement officer or special agent employed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to— (1) carry firearms; (2) make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; (3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; (4) coordinate with local law enforcement agencies; and (5) initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor. (c) Compliance with guidelines A law enforcement officer or special agent employed under subsection (a) shall exercise any authority provided under this section in accordance with any— (1) guidelines issued by the Attorney General; and (2) guidelines prescribed by the Secretary of Labor. . (b) This section shall be effective on the date of enactment of this Act. 114. The Secretary is authorized to dispose of or divest, by any means the Secretary determines appropriate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real property on which the Treasure Island Job Corps Center is situated. Any sale or other disposition will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code and subchapter V of chapter 119 of title 42 of the United States Code. The net proceeds of such a sale shall be transferred to the Secretary, which shall be available until expended to carry out the Job Corps Program on Treasure Island. 115. None of the funds made available by this Act may be used to— (1) alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or (2) close any of the Civilian Conservation Centers, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, and the requirements of section 159(j) of the WIOA are met. 116. The paragraph under the heading Working Capital Fund in the Department of Labor Appropriations Act, 1958, Public Law 85–67 , 71 Stat. 210, as amended, is further amended by striking the third proviso and inserting in lieu thereof That the Secretary of Labor may transfer to the Working Capital Fund, to remain available for obligation for five fiscal years after the fiscal year of such transfer, annually an amount not to exceed $9,000,000 from unobligated balances in the Department's salaries and expenses accounts made available in Public Laws 115–245, 116–94, or 116–260, and annually an amount not to exceed $9,000,000 from unobligated balances in the Department's discretionary grants accounts made available in Public Laws 115–245, 116–94, 116–260, for the acquisition of capital equipment and the improvement of financial management, information technology, infrastructure technology investment activities related to support systems and modernization, and other support systems: Provided further , That the Secretary of Labor may transfer to the Working Capital Fund, to remain available for obligation for five fiscal years after the fiscal year of such transfer, annually an amount not to exceed $18,000,000 from unobligated balances in the Department's salaries and expenses accounts made available in this Act and hereafter, and $18,000,000 from unobligated balances in the Department’s discretionary grants accounts made available in this Act and hereafter for the acquisition of capital equipment and the improvement of financial management, information technology, infrastructure technology investment activities related to support systems and modernization, and other support systems: . This title may be cited as the Department of Labor Appropriations Act, 2022 . II DEPARTMENT OF HEALTH AND HUMAN SERVICES Health resources and services administration PRIMARY HEALTH CARE For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act ) with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,793,772,000: Provided , That no more than $1,000,000 shall be available until expended for carrying out the provisions of section 224(o) of the PHS Act: Provided further , That no more than $120,000,000 shall be available until expended for carrying out subsections (g) through (n) and (q) of section 224 of the PHS Act, and for expenses incurred by the Department of Health and Human Services (referred to in this Act as HHS ) pertaining to administrative claims made under such law. HEALTH WORKFORCE For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,409,760,000: Provided , That sections 751(j)(2) and 762(k) of the PHS Act and the proportional funding amounts in paragraphs (1) through (4) of section 756(f) of the PHS Act shall not apply to funds made available under this heading: Provided further , That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the Secretary ) may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section: Provided further , That fees collected for the disclosure of information under section 427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank: Provided further , That funds transferred to this account to carry out section 846 and subpart 3 of part D of title III of the PHS Act may be used to make prior year adjustments to awards made under such section and subpart: Provided further , That $150,000,000 shall remain available until expended for the purposes of providing primary health services, assigning National Health Service Corps ( NHSC ) members to expand the delivery of substance use disorder treatment services, notwithstanding the assignment priorities and limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC Loan Repayment Program under section 338B of such Act: Provided further , That, within the amount made available in the previous proviso, $15,000,000 shall remain available until expended for the purposes of making payments under the NHSC Loan Repayment Program under section 338B of the PHS Act to individuals participating in such program who provide primary health services in Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban Indian Health Programs (as those terms are defined by the Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act: Provided further , That for purposes of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if the term primary health services includes clinical substance use disorder treatment services, including those provided by masters level, licensed substance use disorder treatment counselors: Provided further , That of the funds made available under this heading, $5,000,000 shall be available to make grants to establish or expand optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health. Of the funds made available under this heading, $50,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions: Provided , That, in awarding such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further , That grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further , That the minimum amount of a grant so awarded to such an institution shall be not less than $1,000,000 per year: Provided further , That such a grant may be awarded for a period not to exceed 5 years: Provided further , That such a grant awarded with respect to a year to such an institution shall be subject to a matching requirement of non-Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year. MATERNAL AND CHILD HEALTH For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health and title V of the Social Security Act, $1,156,084,000: Provided , That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not more than $255,116,000 shall be available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act. RYAN WHITE HIV/AIDS PROGRAM For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,554,781,000, of which $2,005,881,000 shall remain available to the Secretary through September 30, 2023, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act; and of which $190,000,000, to remain available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses. HEALTH CARE SYSTEMS For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $137,093,000, of which $122,000 shall be available until expended for facilities-related expenses of the National Hansen’s Disease Program. RURAL HEALTH For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $402,709,000, of which $57,509,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided , That of the funds made available under this heading for Medicare rural hospital flexibility grants, $20,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system: Provided further , That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be available for State Offices of Rural Health: Provided further , That $12,700,000 shall remain available through September 30, 2024, to support the Rural Residency Development Program: Provided further , That $165,000,000 shall be for the Rural Communities Opioids Response Program. FAMILY PLANNING For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $500,000,000: Provided , That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further , That all entities funded under this heading shall provide clinical services consistent with nationally recognized clinical standards: Provided further , That projects funded under section 1001 of the PHS Act shall provide the full range of contraceptive methods approved by the Food and Drug Administration: Provided further , That all patients served under title X of the PHS Act with a positive pregnancy test shall be given the opportunity to be provided information and counseling regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) pregnancy termination: Provided further , That if such a patient requests information specified in the preceding proviso, such patient shall be provided with neutral, factual information and nondirective counseling on each such option, including referral upon request, except with respect to any option about which the patient indicates no interest in receiving such information and counseling. PROGRAM MANAGEMENT For program support in the Health Resources and Services Administration, $893,127,000: Provided , That funds made available under this heading may be used to supplement program support funding provided under the headings Primary Health Care , Health Workforce , Maternal and Child Health , Ryan White HIV/AIDS Program , Health Care Systems , and Rural Health : Provided further , That of the amount made available under this heading, $727,956,000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities, and for the projects financing one-time grants that support activities funded under headings listed in the preceding proviso, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act. VACCINE INJURY COMPENSATION PROGRAM TRUST FUND For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund ), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided , That for necessary administrative expenses, not to exceed $16,200,000 shall be available from the Trust Fund to the Secretary. COVERED COUNTERMEASURES PROCESS FUND For carrying out section 319F–4 of the PHS Act, $5,000,000, to remain available until expended. Centers for disease control and prevention IMMUNIZATION AND RESPIRATORY DISEASES For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $526,580,000. HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND TUBERCULOSIS PREVENTION For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,436,056,000. EMERGING AND ZOONOTIC INFECTIOUS DISEASES For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $674,272,000: Provided , That of the amounts made available under this heading, up to $1,000,000 shall remain available until expended to pay for the transportation, medical care, treatment, and other related costs of persons quarantined or isolated under Federal or State quarantine law. CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $1,254,714,000: Provided , That funds made available under this heading may be available for making grants under section 1509 of the PHS Act for not less than 21 States, tribes, or tribal organizations: Provided further, That of the funds made available under this heading, $15,000,000 shall be available to continue and expand community specific extension and outreach programs to combat obesity in counties with the highest levels of obesity: Provided further , That the proportional funding requirements under section 1503(a) of the PHS Act shall not apply to funds made available under this heading. BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND HEALTH For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $184,560,000. PUBLIC HEALTH SCIENTIFIC SERVICES For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $609,997,000: Provided , That in addition to amounts provided herein, $132,000,000 is available to this appropriation, for the purposes under this heading, from amounts provided pursuant to section 241 of the PHS Act. ENVIRONMENTAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $309,350,000: Provided , That in addition to amounts provided herein, $7,000,000 is available to this appropriation, for the purposes under this heading, from amounts provided pursuant to section 241 of the PHS Act. INJURY PREVENTION AND CONTROL For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $1,050,169,000. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safety and Health Act, with respect to occupational safety and health, $347,300,000. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided , That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106–554 . GLOBAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $597,843,000, of which: (1) $128,421,000 shall remain available through September 30, 2023 for international HIV/AIDS; and (2) $203,200,000 shall remain available through September 30, 2024 for global public health protection: Provided , That funds may be used for purchase and insurance of official motor vehicles in foreign countries. PUBLIC HEALTH PREPAREDNESS AND RESPONSE For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $862,200,000: Provided , That the Director of the Centers for Disease Control and Prevention (referred to in this title as CDC ) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority, a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed, and an update of such report every 180 days until staff are no longer on detail without reimbursement to the CDC Emergency Operations Center. BUILDINGS AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For acquisition of real property, equipment, construction, installation, demolition, and renovation of facilities, $50,000,000, which shall remain available until September 30, 2026: Provided , That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for construction or improvement of facilities shall be available to make improvements on non-federally owned property, provided that any improvements that are not adjacent to federally owned property do not exceed $2,500,000, and that the primary benefit of such improvements accrues to CDC: Provided further , That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement mine safety research facility: Provided further , That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for construction or improvement of facilities in conjunction with the new replacement mine safety research facility shall be available to make improvements on non-federally owned property, provided that any improvements that are not adjacent to federally owned property do not exceed $5,000,000: Provided further , That in addition, the prior year unobligated balance of any amounts assigned to former employees in accounts of CDC made available for Individual Learning Accounts shall be credited to and merged with the amounts made available under this heading to support the replacement of the mine safety research facility. CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT (INCLUDING TRANSFER OF FUNDS) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $733,570,000, of which $600,000,000 shall remain available through September 30, 2024, for public health infrastructure capacity: Provided , That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS Act shall not apply to funds appropriated under this heading and in all other accounts of the CDC: Provided further , That of the amounts made available under this heading, $15,000,000, to remain available until expended, shall be available to the Director of the CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115–245 : Provided further , That funds appropriated under this heading may be used to support a contract for the operation and maintenance of an aircraft in direct support of activities throughout CDC to ensure the agency is prepared to address public health preparedness emergencies: Provided further , That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment: Provided further , That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official reception and representation expenses when specifically approved by the Director of CDC: Provided further , That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged with the cost thereof: Provided further , That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program and the Respirator Certification Program shall be available through September 30, 2023. National institutes of health NATIONAL CANCER INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cancer, $6,578,469,000, of which up to $30,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,841,998,000. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $515,720,000. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $2,217,136,000. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $2,710,096,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $6,342,756,000. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $3,067,557,000, of which $1,214,505,000 shall be from funds available under section 241 of the PHS Act: Provided , That not less than $410,453,000 is provided for the Institutional Development Awards program. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,678,970,000. NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $857,868,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $936,271,000. NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the PHS Act with respect to aging, $4,180,838,000. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $675,106,000. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $511,280,000. NATIONAL INSTITUTE OF NURSING RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $199,595,000. NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $569,633,000. NATIONAL INSTITUTE ON DRUG ABUSE For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,832,906,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the PHS Act with respect to mental health, $2,142,900,000. NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $634,598,000. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $421,617,000. NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $184,249,000. NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $651,101,000. JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $96,268,000. NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $476,074,000: Provided , That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 2023: Provided further, That in fiscal year 2022, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as NIH ). NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $878,072,000: Provided , That up to $60,000,000 shall be available to implement section 480 of the PHS Act, relating to the Cures Acceleration Network: Provided further , That at least $600,925,000 is provided to the Clinical and Translational Sciences Awards program. OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For carrying out the responsibilities of the Office of the Director, NIH, $2,538,213,000: Provided , That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further , That all funds credited to the NIH Management Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further , That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study: Provided further , That $651,202,000 shall be available for the Common Fund established under section 402A(c)(1) of the PHS Act: Provided further , That of the funds provided, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further , That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act: Provided further , That $80,000,000 shall be used to carry out section 404I of the PHS Act ( 42 U.S.C. 283K ), relating to biomedical and behavioral research facilities: Provided further , That $5,000,000 shall be transferred to and merged with the appropriation for the Office of Inspector General for oversight of grant programs and operations of the NIH, including agency efforts to ensure the integrity of its grant application evaluation and selection processes, and shall be in addition to funds otherwise made available for oversight of the NIH: Provided further , That the funds provided in the previous proviso may be transferred from one specified activity to another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the Senate before submitting to the Committees an audit plan for fiscal years 2022 and 2023 no later than 30 days after the date of enactment of this Act: Provided further , That amounts made available under this heading are also available to establish, operate, and support the Research Policy Board authorized by section 2034(f) of the 21st Century Cures Act: Provided further , That the funds made available under this heading for the Office of Research on Women’s Health shall also be available for making grants, and the Director of such Office may, in making such grants, use the authorities available to NIH Institutes and Centers. In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act, of which $3,000,000 shall be derived from the 10-year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986 ( 26 U.S.C. 9008 ). BUILDINGS AND FACILITIES For the study of, construction of, demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $275,000,000, to remain available through September 30, 2026. NIH INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the NIH in this Act, $496,000,000, to remain available until expended: Provided , That such amounts are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for the purposes provided in such Act: Provided further , That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided by law. ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH For carrying out section 301 and title IV of the PHS Act with respect to advanced research projects for health, $2,400,000,000, to remain available through September 30, 2024: Provided , That such funds shall only be made available if legislation specifically establishing the Advanced Research Projects Agency for Health ( ARPA–H ) is enacted into law: Provided further , That the Director of ARPA–H may utilize all of the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) to support prize competitions: Provided further , That research funded by amounts made available under this heading shall not be subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of the PHS Act: Provided further , That the Director of ARPA–H may enter into a multi-year contract, with amounts made available under this heading, if— (1) funds are available and obligated for the contract, for the full period of the contract or for the first fiscal year in which the contract is in effect, and for the estimated costs associated with a necessary termination of the contract; (2) the Director determines that a multiyear contract will serve the best interests of the Federal Government in carrying out the responsibilities of ARPA–H; and (3) the contract includes a clause that provides that the contract shall be terminated if funds are not made available for the continuation of the contract in a fiscal year covered by the contract: Provided further , That funds available for paying termination costs pursuant to the previous proviso shall remain available for that purpose until the costs associated with termination of the contract are paid. Substance abuse and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, the Protection and Advocacy for Individuals with Mental Illness Act, and the SUPPORT for Patients and Communities Act, $2,937,489,000: Provided , That of the funds made available under this heading, $81,887,000 shall be for the National Child Traumatic Stress Initiative: Provided further , That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further , That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX: Provided further , That of the funds made available under this heading for subpart I of part B of title XIX of the PHS Act, at least 5 percent shall be available to support evidence-based crisis systems: Provided further , That up to 10 percent of the amounts made available to carry out the Children’s Mental Health Services program may be used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis: Provided further , That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated in this Act for fiscal year 2022: Provided further , That States shall expend at least 10 percent of the amount each receives for carrying out section 1911 of the PHS Act to support evidence-based programs that address the needs of individuals with early serious mental illness, including psychotic disorders, regardless of the age of the individual at onset: Provided further , That $350,000,000 shall be available until September 30, 2024 for grants to communities and community organizations who meet criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of Public Law 113–93 : Provided further , That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act: Provided further , That of the funds made available under this heading, $21,420,000 shall be to carry out section 224 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 ; 42 U.S.C. 290aa 22 note): Provided further , That of the funds made available under this heading $25,000,000 shall be used by the Secretary for activities described in section 7134 of Public Law 115–271 : Provided further , That notwithstanding sections 1911(b) and 1912 of the PHS Act, amounts made available under this heading for subpart I of part B of title XIX of such Act shall also be available to support evidence-based programs that address early intervention and prevention of mental disorders among at-risk children and adults: Provided further , That States shall expend at least 10 percent of the amount each receives for carrying out section 1911 of the PHS Act to support evidence-based programs that address early intervention and prevention of mental disorders among at-risk children and adults: Provided further , That notwithstanding section 1912 of the PHS Act, the plan described in such section and section 1911(b) of the PHS Act shall also include the evidence-based programs described in the preceding proviso, pursuant to plan criteria established by the Secretary. SUBSTANCE ABUSE TREATMENT For carrying out titles III and V of the PHS Act with respect to substance abuse treatment and title XIX of such Act with respect to substance abuse treatment and prevention, and the SUPPORT for Patients and Communities Act, $5,570,243,000: Provided , That $2,000,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimulants undertaken by the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the PHS Act ( 42 U.S.C. 300x–21 et seq. ): Provided further , That of such amount $75,000,000 shall be made available to Indian Tribes or tribal organizations: Provided further , That 15 percent of the remaining amount shall be for the States with the highest mortality rate related to opioid use disorders: Provided further , That of the amounts provided for State Opioid Response Grants not more than 2 percent shall be available for Federal administrative expenses, training, technical assistance, and evaluation: Provided further , That of the amount not reserved by the previous three provisos, the Secretary shall make allocations to States, territories, and the District of Columbia according to a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use and drug-related deaths: Provided further , That the Secretary shall submit the formula methodology to the Committees on Appropriations of the House of Representatives and the Senate not less than 15 days prior to publishing a Funding Opportunity Announcement: Provided further , That prevention and treatment activities funded through such grants may include education, treatment (including the provision of medication), behavioral health services for individuals in treatment programs, referral to treatment services, recovery support, and medical screening associated with such treatment: Provided further , That each State, as well as the District of Columbia, shall receive not less than $4,000,000: Provided further , That in addition to amounts provided herein, the following amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs: Provided further , That each State that receives funds appropriated under this heading for carrying out subpart II of part B of title XIX of the PHS Act shall expend not less than 10 percent of such funds for recovery support services: Provided further , That none of the funds provided for section 1921 of the PHS Act or State Opioid Response Grants shall be subject to section 241 of such Act. SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $245,667,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health , Substance Abuse Treatment , and Substance Abuse Prevention in carrying out titles III, V, and XIX of the PHS Act and the Protection and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, $204,013,000: Provided , That of the amount made available under this heading, $65,068,000 shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act: Provided further , That in addition to amounts provided herein, $31,428,000 shall be available under section 241 of the PHS Act to supplement funds available to carry out national surveys on drug abuse and mental health, to collect and analyze program data, and to conduct public awareness and technical assistance activities: Provided further , That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes: Provided further , That amounts made available in this Act for carrying out section 501(o) of the PHS Act shall remain available through September 30, 2023: Provided further , That funds made available under this heading (other than amounts specified in the first proviso under this heading) may be used to supplement program support funding provided under the headings Mental Health , Substance Abuse Treatment , and Substance Abuse Prevention . Agency for healthcare research and quality HEALTHCARE RESEARCH AND QUALITY For carrying out titles III and IX of the PHS Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $353,000,000: Provided , That section 947(c) of the PHS Act shall not apply in fiscal year 2022: Provided further , That, in addition to amounts provided herein, $27,000,000 shall be available to this appropriation, for the purposes under this heading, from amounts provided pursuant to section 241 of the PHS Act: Provided further , That in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2023. Centers for medicare & medicaid services GRANTS TO STATES FOR MEDICAID For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $368,666,106,000, to remain available until expended. For making, after May 31, 2022, payments to States under title XIX or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the last quarter of fiscal year 2022 for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the first quarter of fiscal year 2023, $165,722,018,000, to remain available until expended. Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. PAYMENTS TO THE HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 , and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $487,862,000,000. In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $4,250,843,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended: Provided , That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and available for carrying out the purposes of this appropriation: Provided further , That the Secretary is directed to collect fees in fiscal year 2022 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided further , That of the amount made available under this heading, $472,163,000 shall remain available until September 30, 2023, and shall be available for the Survey and Certification Program: Provided further , That amounts available under this heading to support quality improvement organizations (as defined in section 1152 of the Social Security Act) shall not exceed the amount specifically provided for such purpose under this heading in division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ). HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT In addition to amounts otherwise available for program integrity and program management, $873,000,000, to remain available through September 30, 2023, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $675,933,000 shall be for the Centers for Medicare & Medicaid Services program integrity activities, of which $102,145,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $94,922,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided , That the report required by section 1817(k)(5) of the Social Security Act for fiscal year 2022 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation: Provided further , That of the amount provided under this heading, $317,000,000 is provided to meet the terms of section 4004(b)(3)(B) and section 4005(c)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and $556,000,000 is additional new budget authority specified for purposes of section 4004(b)(3) and section 4005(c) of such resolution: Provided further, That the Secretary shall provide not less than $30,000,000 from amounts made available under this heading and amounts made available for fiscal year 2022 under section 1817(k)(3)(A) of the Social Security Act for the Senior Medicare Patrol program to combat health care fraud and abuse. Administration for children and families PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PROGRAMS For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,795,044,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2023, $1,300,000,000, to remain available until expended. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. LOW INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ), $3,925,304,000: Provided , That notwithstanding section 2609A(a) of such Act, not more than $4,600,000 may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures, and to supplement funding otherwise available for necessary administrative expenses to carry out such Act, and the Secretary may, in addition to the authorities provided in section 2609A(a)(1), use such funds through contracts with private entities that do not qualify as nonprofit organizations: Provided further , That all but $847,500,000 of the amount appropriated under this heading shall be allocated as though the total appropriation for such payments for fiscal year 2022 was less than $1,975,000,000: Provided further , That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would otherwise receive an allocation that is less than 97 percent of the amount that it received under this heading for fiscal year 2021 from amounts appropriated in Public Law 116–260 shall have its allocation increased to that 97 percent level, with the portions of other States' and territories' allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2021 being ratably reduced. REFUGEE AND ENTRANT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 ( TVPA ), and the Torture Victims Relief Act of 1998, $6,021,480,000, of which $5,925,000,000 shall remain available through September 30, 2024 for carrying out such sections 414, 501, 462, and 235 and $30,000,000 shall remain available until expended for the purposes authorized in section 235 of this title: Provided , That amounts available under this heading to carry out the TVPA shall also be available for research and evaluation with respect to activities under such Act: Provided further , That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting 15 percent for 3 percent : Provided further , That the contribution of funds requirement under section 235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under this heading. PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For carrying out the Child Care and Development Block Grant Act of 1990 ( CCDBG Act ), $7,311,000,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided , That technical assistance under section 658I(a)(3) of such Act may be provided directly, or through the use of contracts, grants, cooperative agreements, or interagency agreements: Provided further , That all funds made available to carry out section 418 of the Social Security Act ( 42 U.S.C. 618 ), including funds appropriated for that purpose in such section 418 or any other provision of law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act: Provided further , That in addition to the amounts required to be reserved by the Secretary under section 658O(a)(2)(A) of such Act, $177,330,000 shall be for Indian tribes and tribal organizations. SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided , That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX–A of such Act shall be 10 percent. CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and the Community Services Block Grant Act ( CSBG Act ); and for necessary administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of 1981, the Child Care and Development Block Grant Act of 1990, section 501 of the Refugee Education Assistance Act of 1980, and section 2204 of the American Rescue Plan Act of 2021, $14,949,267,000, of which $75,000,000, to remain available through September 30, 2023, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships completed before September 30, 2022: Provided , That $11,932,095,000 shall be for making payments under the Head Start Act, including for Early Head Start–Child Care Partnerships, and, of which, notwithstanding section 640 of such Act: (1) $234,000,000 shall be available for a cost of living adjustment, and with respect to any continuing appropriations act, funding available for a cost of living adjustment shall not be construed as an authority or condition under this Act; (2) $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such funds shall not be included in the calculation of base grant in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act; (3) $500,000,000, in addition to funds otherwise available for such purposes under section 640 of the Head Start Act, shall be available through September 30, 2023, for awards to eligible entities for Head Start and Early Head Start programs and to entities defined as eligible under section 645A(d) of such Act for high quality infant and toddler care through Early Head Start–Child Care Partnerships, and for training and technical assistance for such activities: Provided further , That of the funds made available in this paragraph, up to $21,000,000 shall be available to the Secretary for the administrative costs of carrying out this paragraph; (4) $250,000,000 shall be available for quality improvement consistent with section 640(a)(5) of such Act except that any amount of the funds may be used on any of the activities in such section; (5) $200,000,000 shall be available through September 30, 2023, of which up to 1 percent may be reserved for research and evaluation, and the remaining unreserved amount shall be available, in addition to funds made available under any other provision of section 640, for award by the Secretary to grantees that apply for supplemental funding to increase their hours of program operations and for training and technical assistance for such activities; (6) $4,000,000 shall be available for the purposes of maintaining the Tribal Colleges and Universities Head Start Partnership Program consistent with section 648(g) of such Act; and (7) $21,000,000 shall be available to supplement funding otherwise available for research, evaluation, and Federal administrative costs: Provided further , That the Secretary may reduce the reservation of funds under section 640(a)(2)(C) of such Act in lieu of reducing the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further , That $450,000,000 shall be available until December 31, 2022 for carrying out sections 9212 and 9213 of the Every Student Succeeds Act: Provided further , That up to 3 percent of the funds in the preceding proviso shall be available for technical assistance and evaluation related to grants awarded under such section 9212: Provided further , That $800,106,000 shall be for making payments under the CSBG Act: Provided further , That for services furnished under the CSBG Act with funds made available by this Act, by the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or by the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), States may apply the last sentence of section 673(2) of the CSBG Act by substituting 200 percent for 125 percent : Provided further , That each amount repurposed by the preceding proviso that was previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022 and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That $34,206,000 shall be for section 680 of the CSBG Act, of which not less than $22,606,000 shall be for section 680(a)(2) and not less than $11,600,000 shall be for section 680(a)(3)(B) of such Act: Provided further , That, notwithstanding section 675C(a)(3) of the CSBG Act, to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under such Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further , That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further , That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further , That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further , That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further , That $453,450,000 shall be for carrying out section 303(a) of the Family Violence Prevention and Services Act, of which $7,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 of such Act, and of which $6,750,000 shall be for necessary administrative expenses to carry out such Act and section 2204 of the American Rescue Plan Act of 2021, in addition to amounts otherwise available for such purposes: Provided further , That funds made available in the preceding proviso may be used for direct payments to any victim of family violence, domestic violence, or dating violence, or to any dependent of such victim, notwithstanding section 308(d)(1) of the Family Violence Prevention and Services Act: Provided further , That any grantee or subgrantee under such Act, as appropriate, receiving funds made available under the preceding proviso, shall use up to 40 percent of such amount for direct payments: Provided further , That the percentages specified in section 112(a)(2) of the Child Abuse Prevention and Treatment Act shall not apply to funds appropriated under this heading: Provided further , That $4,000,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system: Provided further , That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system's effectiveness: Provided further , That $28,287,000 shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act. PROMOTING SAFE AND STABLE FAMILIES For carrying out, except as otherwise provided, section 436 of the Social Security Act, $345,000,000 and, for carrying out, except as otherwise provided, section 437 of such Act, $106,000,000: Provided , That of the funds available to carry out section 437, $60,000,000 shall be allocated consistent with subsections (b) through (d) of such section: Provided further , That of the funds available to carry out section 437, to assist in meeting the requirements described in section 471(e)(4)(C), $30,000,000 shall be for grants to each State, territory, and Indian tribe operating title IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and $9,000,000, in addition to funds otherwise appropriated in section 476 for such purposes, shall be for the Family First Clearinghouse and to support evaluation and technical assistance relating to the evaluation of child and family services: Provided further , That of the funds available to carry out section 437, $7,000,000 shall be for competitive grants to regional partnerships as described in section 437(f), and shall be in addition to any other funds appropriated for such purposes: Provided further , That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting 5 percent for 3.3 percent , and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C): Provided further , That the reservation in section 437(b)(2) and the limitations in section 437(d) shall not apply to funds specified in the second proviso: Provided further, That the minimum grant award for kinship navigator programs in the case of States and territories shall be $200,000, and, in the case of tribes, shall be $25,000. PAYMENTS FOR FOSTER CARE AND PERMANENCY For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $6,963,000,000. For carrying out, except as otherwise provided, title IV–E of the Social Security Act, for the first quarter of fiscal year 2023, $3,200,000,000. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Administration for community living AGING AND DISABILITY SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 ( OAA ), the RAISE Family Caregivers Act, the Supporting Grandparents Raising Grandchildren Act, titles III and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the Assistive Technology Act of 1998, titles II and VII (and section 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $2,773,050,000, together with $55,242,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided , That amounts appropriated under this heading may be used for grants to States under section 361 of the OAA only for disease prevention and health promotion programs and activities which have been demonstrated through rigorous evaluation to be evidence-based and effective: Provided further , That of amounts made available under this heading to carry out sections 311, 331, and 336 of the OAA, up to one percent of such amounts shall be available for developing and implementing evidence-based practices for enhancing senior nutrition, including medically-tailored meals: Provided further , That notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may be transferred to the Secretary of Agriculture in accordance with such section: Provided further , That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive technology devices, such as a low-interest loan fund; an interest buy-down program; a revolving loan fund; a loan guarantee; or an insurance program: Provided further , That applicants shall provide an assurance that, and information describing the manner in which, the alternative financing program will expand and emphasize consumer choice and control: Provided further , That State agencies and community-based disability organizations that are directed by and operated for individuals with disabilities shall be eligible to compete: Provided further , That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10802 )) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 ( 20 U.S.C. 15002(8)(A) ) that is attributable to a mental impairment (or a combination of mental and physical impairments), that has as the requested remedy the closure of State operated intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been provided to such individuals (or, in the case of mental incapacitation, the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Procedure: Provided further , That the limitations in the immediately preceding proviso shall not apply in the case of an individual who is neither competent to consent nor has a legal guardian, nor shall the proviso apply in the case of individuals who are a ward of the State or subject to public guardianship: Provided further , That of the amount made available under this heading, $13,871,000 shall be used for the one-time grant projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or, section 205 of this Act. Office of the Secretary GENERAL DEPARTMENTAL MANAGEMENT For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $544,090,000, together with $84,328,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided , That of this amount, $58,400,000 shall be for minority AIDS prevention and treatment activities: Provided further , That of the funds made available under this heading, $130,000,000 shall be for making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available funds shall be for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further , That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further , That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further , That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further , That of the funds made available under this heading, $5,000,000 shall be for carrying out prize competitions sponsored by the Office of the Secretary to accelerate innovation in the prevention, diagnosis, and treatment of kidney diseases (as authorized by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 )): Provided further , That notwithstanding any other provision of law, the Secretary may use $5,000,000 of the amounts appropriated under this heading to supplement funds otherwise available to the Secretary for the hire and purchase of electric vehicles and electric vehicle charging stations, and to cover other costs related to electrifying the motor vehicle fleet within HHS: Provided further , That electric chargers installed in a parking area with such funds described in the preceding proviso shall be deemed personal property under the control and custody of the Department of Health and Human Services managing such parking area. MEDICARE HEARINGS AND APPEALS For expenses necessary for Medicare hearings and appeals in the Office of the Secretary, $196,000,000 shall remain available until September 30, 2023, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $86,614,000 shall be from amounts made available under section 241 of the PHS Act. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $90,000,000: Provided , That of such amount, necessary sums shall be available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228 . OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, $47,931,000. RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $1,513,116,000, of which $823,380,000 shall remain available through September 30, 2023, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, That funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other funds available for such purpose: Provided further , That products purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile pursuant to section 319F–2 of the PHS Act: Provided further , That $5,000,000 of the amounts made available to support emergency operations shall remain available through September 30, 2024. For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $770,000,000, to remain available until expended. For expenses necessary to carry out section 319F–2(a) of the PHS Act, $905,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $335,000,000; of which $300,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided , That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics. General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II: Provided , That none of the funds appropriated in this title shall be used to prevent the NIH from paying up to 100 percent of the salary of an individual at this rate. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 204. Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title. (TRANSFER OF FUNDS) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 206. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2022 under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract. 207. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. 209. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided , That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees): Provided further , That nothing in this section shall be construed to change the Medicare program's coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. 210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2022: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service. (TRANSFER OF FUNDS) 213. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) 214. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the PHS Act. 215. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director ) may use funds authorized under section 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to or research and activities described in such section 402(b)(12). (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 216. Not to exceed $100,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $5,000,000 per project. (TRANSFER OF FUNDS) 217. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA ) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research. 218. (a) The Biomedical Advanced Research and Development Authority ( BARDA ) may enter into a contract, for more than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), if— (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section— (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 219. The Secretary shall publish, as part of the fiscal year 2023 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2023. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency in the explanatory statement accompanying this Act. 220. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare & Medicaid Services—Program Management account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to risk corridors). (TRANSFER OF FUNDS) 221. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund in the explanatory statement accompanying this Act. (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 222. Effective during the period beginning on November 1, 2015 and ending January 1, 2024, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) ). 223. In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017. None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter. (TRANSFER OF FUNDS) 224. The NIH Director may transfer funds for opioid addiction, opioid alternatives, stimulant misuse and addiction, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided , That the transfer authority provided in the previous proviso is in addition to any other transfer authority provided by law. 225. (a) The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate: (1) Detailed monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and (2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. (b) The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants. 226. The Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement accompanying this Act. 227. Funds appropriated in this Act that are available for salaries and expenses of employees of the Department of Health and Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, when such employee is assigned to duty, in the United States or in a U.S. territory, during a period and in a location that are the subject of a determination of a public health emergency under section 319 of the Public Health Service Act and such travel is necessary to obtain medical care for an illness, injury, or medical condition that cannot be adequately addressed in that location at that time. For purposes of this section, the term U.S. territory means Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, or the Trust Territory of the Pacific Islands. 228. The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including monetary donations, medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items or services intended to promote the wellbeing of such children. Monetary donations received by the Department of Health and Human Services under this section shall be retained and credited to the Refugee and Entrant Assistance account and shall remain available until expended for the purposes provided by this section. 229. None of the funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that— (1) the terms of the grant or contract for the operations of any such facility that remains in operation for more than six consecutive months shall require compliance with— (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and (B) staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; (2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance, which shall include the following— (A) a detailed description of the services and care available to children in such facility, including any services not available relative to those required by Exhibit 1 of the Flores Settlement Agreement; (B) a detailed accounting of the amounts spent on such unlicensed facility by major category and by grantee or contractor; and (C) a justification for the continued need for such facility; (3) not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; (4) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; and (5) for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits thereafter. 230. In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release. 231. None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )), provided that such Senator or Member has coordinated the oversight visit with the Office of Refugee Resettlement not less than two business days in advance to ensure that such visit would not interfere with the operations (including child welfare and child safety operations) of such facility. 232. Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month. Each report shall contain the following information: (1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and (2) the documented cause of separation, as reported by DHS when each child was referred. 233. Funds appropriated in this Act that are available for salaries and expenses of employees of the Centers for Disease Control and Prevention shall also be available for the primary and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 227 of this Act at costs not in excess of those paid for or reimbursed by the Department of Defense. (RESCISSION) 234. Of the unobligated balances in the Nonrecurring Expenses Fund established in section 223 of division G of Public Law 110–161 , $500,000,000 are hereby rescinded not later than September 30, 2022. 235. The Secretary is authorized to provide, from funds made available in this title for such purposes, mental health and other supportive services, including through grants, contracts, or cooperative agreements, for children, parents, and legal guardians who were separated at the United States-Mexico border between January 20, 2017, and January 20, 2021, in connection with the Zero-Tolerance Policy (as discussed in the Attorney General’s memorandum of April 6, 2018, entitled Zero-Tolerance for Offenses Under 8 U.S.C. 1325(a) ) or any other United States Government practice, policy, program, or initiative that resulted in the separation of children who arrived at the United States-Mexico border with their parents or legal guardians during such period. The Secretary may identify the individuals eligible to receive such mental health and other supportive services under this section through reference to the identified members of the classes, and their minor children, in the class-action lawsuits Ms. J.P. v. Barr and Ms. L. v. ICE. 236. The unobligated balances of amounts appropriated or transferred to the Centers for Disease Control and Prevention under the heading Buildings and Facilities in title II of division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ) for a biosafety level 4 laboratory shall also be available for the acquisition of real property, equipment, construction, demolition, renovation of facilities, and installation expenses, including moving expenses, related to such laboratory: Provided , That not later than September 30, 2022, the remaining unobligated balances of such funds are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the same purposes as such unobligated balances, in addition to any other amounts available for such purposes. 237. (a) Premium pay authority If services performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act are determined by the Secretary to be primarily related to preparation for, prevention of, or response to such public health emergency, any premium pay that is provided for such services shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(a) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis. (b) Overtime authority Any overtime that is provided for such services described in subsection (a) shall be exempted from any annual limit on the amount of over time payable in a calendar or fiscal year. (c) Applicability of aggregate limitation on pay In determining, for purposes of section 5307 of title 5, United States Code, whether an employee’s total pay exceeds the annual rate payable under such section, the Secretary shall not include pay exempted under this section. (d) Limitation on pay authority Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the calendar year in which the exempted pay is earned to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. (e) Danger pay for service in public health emergencies The Secretary may grant a danger pay allowance under section 5928 of title 5, United States Code, without regard to the conditions of the first sentence of such section, for work that is performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act that the Secretary determines is primarily related to preparation for, prevention of, or response to such public health emergency and is performed under conditions that threaten physical harm or imminent danger to the health or well-being of the employee. (f) Effective date This section shall take effect as if enacted on September 30, 2020. 238. (a) None of the funds made available by this Act may be awarded to any organization, including under the Child Welfare or Federal Foster Care programs under part B or E of title IV of the Social Security Act, that does not comply with paragraphs (c) and (d) of section 75.300 of title 45, Code of Federal Regulations (prohibiting discrimination on the basis of age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation), as in effect on October 1, 2019. (b) None of the funds made available by this Act may be used by the Department of Health and Human Services to grant an exception from either such paragraph for any Federal grantee. 239. During this fiscal year, an Operating or Staff Division in HHS may enter into a reimbursable agreement with another major organizational unit within HHS or of another agency under which the ordering agency or unit delegates to the servicing agency or unit the authority and funding to issue a grant or cooperative agreement on its behalf: Provided , That the head of the ordering agency or unit must certify that amounts are available and that the order is in the best interests of the United States Government: Provided further , That funding may be provided by way of advance or reimbursement, as deemed appropriate by the ordering agency or unit, with proper adjustments of estimated amounts provided in advance to be made based on actual costs: Provided further , That an agreement made under this section obligates an appropriation of the ordering agency or unit, including for costs to administer such grant or cooperative agreement, and such obligation shall be deemed to be an obligation for any purpose of law: Provided further , That an agreement made under this section may be performed for a period that extends beyond the current fiscal year. 240. Section 402A(d) of the Public Health Service Act ( 42 U.S.C. 282a(d) ) is amended— (1) in the first sentence by striking under subsection (a)(1) and inserting to carry out this title ; and (2) in the second sentence by striking account under subsection (a)(1) . 241. The Secretary of Health and Human Services may waive penalties and administrative requirements in title XXVI of the Public Health Service Act for awards under such title from amounts provided under the heading Department of Health and Human Services—Health Resources and Services Administration in this or any other appropriations Act for this fiscal year, including amounts made available to such heading by transfer. 242. The Director of the National Institutes of Health shall hereafter require institutions that receive funds through a grant or cooperative agreement during fiscal year 2022 and in future years to notify the Director when individuals identified as principal investigator or key personnel in an NIH notice of award are removed from their position or are otherwise disciplined due to concerns about harassment, bullying, retaliation, or hostile working conditions. The Director may issue regulations consistent with this section. 243. The Centers for Disease Control and Prevention Undergraduate Public Health Scholars Program is hereby renamed as the John R. Lewis Undergraduate Public Health Scholars Program. This title may be cited as the Department of Health and Human Services Appropriations Act, 2022 . III DEPARTMENT OF EDUCATION Education for the disadvantaged For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ESEA ) and section 418A of the Higher Education Act of 1965 (referred to in this Act as HEA ), $33,802,790,000, of which $22,856,490,000 shall become available on July 1, 2022, and shall remain available through September 30, 2023, and of which $10,841,177,000 shall become available on October 1, 2022, and shall remain available through September 30, 2023, for academic year 2022–2023: Provided , That $6,459,401,000 shall be for basic grants under section 1124 of the ESEA: Provided further , That up to $5,000,000 of these funds shall be available to the Secretary of Education (referred to in this title as Secretary ) on October 1, 2021, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further , That up to $50,000,000 of these funds shall be available to the Secretary for grants to States for voluntary activities designed to improve State effort and equity factors described in section 1125A of the ESEA: Provided further , That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA: Provided further , That $12,632,550,000 shall be for targeted grants under section 1125 of the ESEA: Provided further , That $12,632,550,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further , That subsection (b) of section 1004 of the ESEA shall apply to amounts appropriated under this heading as if the amount specified in such subsection is the amount appropriated for such purposes in division H of Public Law 116–260 : Provided further , That paragraph (2) of section 1004(a) of the ESEA shall apply to funds available under this heading as if the amount specified for States in such paragraph is $750,000: Provided further, That $226,000,000 shall be for carrying out subpart 2 of part B of title II: Provided further , That $66,123,000 shall be for carrying out section 418A of the HEA. Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,565,838,000, of which $1,417,000,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with disabilities under section 7003(d), $17,406,000 shall be for construction under section 7007(a), $78,281,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008: Provided , That for purposes of computing the amount of a payment for an eligible local educational agency under section 7003(a) for school year 2021–2022, children enrolled in a school of such agency that would otherwise be eligible for payment under section 7003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 7003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. School improvement programs For carrying out school improvement activities authorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,760,835,000, of which $3,916,312,000 shall become available on July 1, 2022, and remain available through September 30, 2023, and of which $1,681,441,000 shall become available on October 1, 2022, and shall remain available through September 30, 2023, for academic year 2022-2023: Provided , That $428,000,000 shall be for part B of title I: Provided further , That $1,309,673,000 shall be for part B of title IV: Provided further , That $42,397,000 shall be for part B of title VI, which may be used for construction, renovation, and modernization of any public elementary school, secondary school, or structure related to a public elementary school or secondary school that serves a predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further , That $36,453,000 shall be for part C of title VI, which shall be awarded on a competitive basis, and may be used for construction, and that the 5 percent limitation in section 6305 of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further , That $57,000,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002 and the Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of Indian Education has access to services provided under this section: Provided further , That $19,657,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further , That the Secretary may reserve up to 5 percent of the amount referred to in the previous proviso to provide technical assistance in the implementation of these grants: Provided further , That $200,000,000 shall be for part B of title V: Provided further , That $1,320,000,000 shall be available for grants under subpart 1 of part A of title IV. Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $189,246,000, of which $70,000,000 shall be for subpart 2 of part A of title VI and $8,865,000 shall be for activities described in subpart 3 of part A of title VI: Provided , That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs. Innovation and improvement For carrying out activities authorized by subparts 1, 3 and 4 of part B of title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of the ESEA, $1,301,500,000: Provided , That $320,000,000 shall be for subparts 1, 3 and 4 of part B of title II and shall be made available without regard to sections 2201, 2231(b) and 2241: Provided further , That $711,500,000 shall be for parts C, D, and E and subpart 4 of part F of title IV, and shall be made available without regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided further , That section 4303(d)(3)(A)(i) shall not apply to the funds available for part C of title IV: Provided further , That of the funds available for part C of title IV, the Secretary shall use $60,000,000 to carry out section 4304, of which not more than $10,000,000 shall be available to carry out section 4304(k), $140,000,000, to remain available through March 31, 2023, to carry out section 4305(b), and not more than $18,000,000 to carry out the activities in section 4305(a)(3): Provided further , That notwithstanding section 4601(b), $270,000,000 shall be available through December 31, 2022 for subpart 1 of part F of title IV. Safe schools and citizenship education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $1,417,000,000: Provided , That $916,000,000 shall be available for section 4631, of which up to $5,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence (Project SERV) program: Provided further , That $400,000,000 shall be available for section 4625: Provided further , That $101,000,000 shall be available through December 31, 2022, for section 4624. English language acquisition For carrying out part A of title III of the ESEA, $917,400,000, which shall become available on July 1, 2022, and shall remain available through September 30, 2023, except that 6.5 percent of such amount shall be available on October 1, 2021, and shall remain available through September 30, 2023, to carry out activities under section 3111(c)(1)(C). Special education For carrying out the Individuals with Disabilities Education Act (IDEA), section 773 of the Higher Education Act, and the Special Olympics Sport and Empowerment Act of 2004, $17,154,604,000, of which $7,488,516,000 shall become available on July 1, 2022, and shall remain available through September 30, 2023, and of which $9,283,383,000 shall become available on October 1, 2022, and shall remain available through September 30, 2023, for academic year 2022–2023: Provided , That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2021, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year 2021: Provided further , That the Secretary shall, without regard to section 611(d) of the IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State's allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States' relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part, and 15 percent to States on the basis of the States' relative populations of those children who are living in poverty: Provided further , That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further , That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f): Provided further , That the amount by which a State's allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further , That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a State's allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 5, until the entire reduction is applied: Provided further , That the Secretary may, in any fiscal year in which a State's allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction: Provided further , That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act ( 20 U.S.C. 1234a ): Provided further , That the funds reserved under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA: Provided further , That the Secretary may use funds made available for the State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart: Provided further , That States may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by those sections: Provided further , That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act: Provided further , That if more than 5 States apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall award funds to those States on the basis of the States' relative populations of infants and toddlers except that no such State shall receive a grant in excess of the amount described in section 643(e)(2)(B) of such Act: Provided further , That States may use funds allotted under section 643(c) of the IDEA to make subgrants to early intervention providers to carry out activities authorized by section 638 of IDEA: Provided further , That, notwithstanding section 638 of the IDEA, any State receiving a grant under section 633 of the IDEA must reserve not less than ten percent of its award for use in a manner described in a State plan, approved by the Secretary, to ensure equitable access to and participation in part C services in the State, particularly for populations that have been traditionally underrepresented in the program: Provided further , That, notwithstanding section 632(4)(B) of the IDEA, a State receiving a grant under section 633 of the IDEA may establish a system of payments but may not include in that system family fees or any out-of-pocket costs to families for early intervention services insofar as such prohibition does not affect the ability of states to maximize the use of private insurance and Medicaid consistent with section 631(b)(2): Provided further , That any State seeking to amend its eligibility criteria under section 635(a)(1) of the IDEA in such a way that would have the effect of reducing the number of infants and families who are eligible under part C must conduct the public participation under section 637(a)(8) of the IDEA at least 24 months prior to implementing such a change: Provided further , That, notwithstanding section 638 of the IDEA, a State may use funds it receives under section 633 of the IDEA to offer continued early intervention services to a child who previously received services under part C of the IDEA from age three until the beginning of the school year following the child’s third birthday with parental consent and without regard to the procedures in section 635(c) of the IDEA. Rehabilitation services For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $3,874,145,000, of which $3,719,121,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided , That the Secretary may use amounts provided in this Act that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at increasing competitive integrated employment as defined in section 7 of such Act for youth and other individuals with disabilities: Provided further , That up to 15 percent of the amounts available for innovative activities described in the preceding proviso from funds provided under this paragraph in this Act and title III of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021 (division H of Public Law 116–260 ), may be used for evaluation and technical assistance related to such activities: Provided further , That States may award subgrants for a portion of the funds to other public and private, nonprofit entities: Provided further , That any funds provided in this Act and made available subsequent to reallotment for innovative activities aimed at improving the outcomes of individuals with disabilities shall remain available until September 30, 2023: Provided further , That of the amounts made available under this heading, $2,325,000 shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 302 of this Act. Special institutions for persons with disabilities AMERICAN PRINTING HOUSE FOR THE BLIND For carrying out the Act to Promote the Education of the Blind of March 3, 1879, $41,431,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $90,700,000: Provided , That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act. GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $164,361,000, of which up to $25,000,000, to remain available until expended, shall be for construction, as defined by section 201(2) of the Education of the Deaf Act of 1986: Provided , That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 ( Perkins Act ) and the Adult Education and Family Literacy Act ( AEFLA ), $2,132,848,000, of which $1,341,848,000 shall become available on July 1, 2022, and shall remain available through September 30, 2023, and of which $791,000,000 shall become available on October 1, 2022, and shall remain available through September 30, 2023: Provided , That up to $20,000,000 shall be for competitive grants for local educational agencies to carry out evidence-based middle and high school career and technical education innovation programs: Provided further , That of the amounts made available for AEFLA, $23,000,000 shall be for national leadership activities under section 242. Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $26,413,460,000 which shall remain available through September 30, 2023. The maximum Pell Grant for which a student shall be eligible during award year 2022–2023 shall be $5,835. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $2,033,943,000, to remain available through September 30, 2023: Provided , That until any new and long-term Federal student loan servicing environment ( future servicing environment ), including the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment (Next Gen), is capable of servicing new student loan borrower accounts, the Secretary shall continue to allocate new student loan borrower accounts to eligible student loan servicers on the basis of their past performance compared to all loan servicers utilizing established common metrics, and on the basis of the capacity of each servicer to process new and existing accounts: Provided further , That for student loan servicing contracts awarded prior to October 1, 2017, the Secretary shall allow student loan borrowers who are consolidating Federal student loans to select from any student loan servicer that is meeting contract requirements to service their new consolidated student loan: Provided further , That the Secretary shall ensure that all contractors in the current and future servicing environments are held accountable for performance on service levels, non-compliance with Department guidelines, non-compliance with contractual requirements, and non-compliance with applicable Federal and State consumer protection law, including for failure to sufficiently inform borrowers of available repayment, forgiveness, or discharge options: Provided further , That the Secretary shall ensure that all contractors in the current and future servicing environments incentivize more support to borrowers at risk of delinquency or default: Provided further , That the Secretary shall evaluate all contractors in the current and future servicing environments based on their ability to meet contract requirements, relevant experience and demonstrated effectiveness, and a history of compliance with applicable Federal and State consumer protection laws: Provided further , That in order to promote accountability and high-quality service to borrowers, the Secretary shall not award funding for a future servicing environment unless such an environment provides for the participation of multiple student loan servicers that contract directly with the Department: Provided further , That to the extent that the Secretary permits student loan servicing subcontracting in the future servicing environment, the Secretary shall hold prime contractors accountable for meeting the requirements of the contract, and the performance and expectations of subcontractors shall be accounted for in the prime contract and in the overall performance of the prime contractor: Provided further , That the Secretary shall not delay, prevent, or otherwise obstruct, directly or indirectly, Federal or State law enforcement, regulation, or information collection from the Department’s contractors: Provided further , That the Secretary shall strengthen transparency through expanded publication of quarterly data on student loan discharges and forgiveness, collections, and contractor performance and outcomes: Provided further , That the Secretary shall ensure that the future servicing environment provides for a single, centralized website and phone line with U.S. Department of Education branding for all federally-held student loan borrowers to manage account information and make payments: Provided further , That the Secretary shall ensure that the name and other identifying information of any contractor involved in the future servicing environment that interacts directly with borrowers is made available upon request or complaint from a borrower or Federal or State law enforcement, or upon finding of noncompliance, and including the nature of such interaction with the borrower: Provided further , That the Secretary shall ensure that borrowers in the current or future servicing environments who maintain an automated clearinghouse or other automated withdrawal method of payment are not removed from such payment method unless the borrower specifically and affirmatively requests to be removed: Provided further , That the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts (including contracts awarded, change orders, bonuses paid to staff, reorganization costs, and any other activity carried out using amounts provided under this heading for fiscal year 2022). Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $3,383,375,000: Provided , That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further , That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further , That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV of the HEA may be used for evaluation: Provided further , That section 313(d) of the HEA shall not apply to an institution of higher education that is eligible to receive funding under section 318 of the HEA: Provided further , That amounts made available for carrying out section 419N of the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of the HEA: Provided further , That of the amounts made available under this heading, $167,665,000 shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further , That none of the funds made available for projects described in the preceding proviso shall be subject to section 302 of this Act. Howard university For partial support of Howard University, $311,018,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, $435,000. Historically black college and university capital financing program account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2023: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $274,149,000: Provided further , That these funds may be used to support loans to public and private Historically Black Colleges and Universities without regard to the limitations within section 344(a) of the HEA. In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $334,000. Institute of education sciences For necessary expenses for the Institute of Education Sciences as authorized by section 208 of the Department of Education Organization Act and carrying out activities authorized by the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $814,492,000, which shall remain available through September 30, 2023: Provided , That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems: Provided further , That up to $6,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, State, and national levels. Departmental management PROGRAM ADMINISTRATION For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $419,973,000, of which up to $13,000,000, to remain available until expended, shall be available for relocation expenses, and for the renovation and repair of leased buildings: Provided , That, notwithstanding any other provision of law, none of the funds provided by this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, reduces the staffing level, or alters the responsibilities, structure, authority, or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget Service as in effect on January 1, 2018. OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $144,000,000. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $70,115,000, of which $2,000,000 shall remain available until expended. General provisions 301. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (TRANSFER OF FUNDS) 302. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 303. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2022, through September 30, 2023. 304. (a) An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2022 may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation. (b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized. 305. Section 114(f) of the HEA ( 20 U.S.C. 1011c(f) ) shall be applied by substituting 2022 for 2021 . 306. Section 458(a)(4) of the HEA ( 20 U.S.C. 1087h(a) ) shall be applied by substituting 2022 for 2021 . 307. Funds appropriated in this Act under the heading Student Aid Administration may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087aa et seq. ). (RESCISSION) 308. Of the amounts appropriated under Section 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv)(XI) ) for fiscal year 2022, $85,000,000 are hereby rescinded. 309. Of the amounts made available under this title under the heading Student Aid Administration , $2,300,000 shall be used by the Secretary of Education to conduct direct outreach to all borrowers of loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 who may intend to qualify for loan cancellation under section 455(m) of such Act ( 20 U.S.C. 1087e(m) ) or for Temporary Expanded Public Service Loan Forgiveness (TEPSLF), to ensure that borrowers are meeting the terms and conditions of such loan cancellation programs: Provided , That the Secretary shall specifically conduct outreach to assist all borrowers who would qualify for loan cancellation under section 455(m) of such Act except that the borrower has made some, or all, of the 120 required payments under a repayment plan that is not described under section 455(m)(A) of such Act, to encourage borrowers to apply for TEPSLF or to enroll in a qualifying repayment plan: Provided further , That the Secretary shall also communicate directly to all federally-held student loan borrowers the full requirements of section 455(m) of such Act and of TEPSLF, and improve progress toward cancellation by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on relevant websites, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website, including obtaining an employer’s signature. 310. For an additional amount for Department of Education—Federal Direct Student Loan Program Account , $50,000,000, to remain available until expended, shall be for the cost, as defined under section 502 of the Congressional Budget Act of 1974, of the Secretary of Education providing loan cancellation in the same manner as under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ), for borrowers of loans made, insured, or guaranteed under title IV of such Act who would qualify for loan cancellation under section 455(m) except some, or all, of the 120 required payments under section 455(m)(1)(A) do not qualify for purposes of the program because they were monthly payments made in accordance with graduated or extended repayment plans as described under subparagraph (B) or (C) of section 455(d)(1) or the corresponding repayment plan for a consolidation loan made under section 455(g) and that were less than the amount calculated under section 455(d)(1)(A), based on a 10-year repayment period: Provided , That the total loan volume, including outstanding principal, fees, capitalized interest, or accrued interest, at application that is eligible for such loan cancellation by such borrowers shall not exceed $75,000,000: Provided further , That the Secretary shall continue to maintain a simple method for borrowers to apply for loan cancellation under this section: Provided further , That the Secretary shall provide loan cancellation under this section to eligible borrowers on a first-come, first-serve basis, based on the date of application and subject to both the limitation on total loan volume at application for such loan cancellation specified in the second proviso and the availability of appropriations under this section: Provided further , That funds appropriated in section 315 of division H of Public Law 115–141 , section 313 of division B of Public Law 115–245 , section 314 of division A of Public Law 116–94 , and section 311 of division H of Public Law 116–260 that remain available for the cancellation of loans as described in such sections may be used for the cancellation of loans under the same terms and conditions as provided under this section. 311. Notwithstanding any other provision of law, the Secretary may reserve not more than 0.5 percent from any amount made available in this Act for an HEA program, except for any amounts made available for subpart 1 of part A of title IV of the HEA, to carry out rigorous and independent evaluations and to collect and analyze outcome data for any program authorized by the HEA: Provided , That no funds made available in this Act for the Student Aid Administration account shall be subject to the reservation under this section: Provided further , That any funds reserved under this section shall be available through September 30, 2023: Provided further , That if, under any other provision of law, funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may also reserve funds for such program or project for the purposes described in this section so long as the total reservation of funds for such program or project does not exceed any statutory limits on such reservations: Provided further , That not later than 10 days prior to the initial obligation of funds reserved under this section, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a plan that identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld for the purposes of this section, and the activities to be carried out with such funds. 312. In addition to amounts otherwise appropriated by this Act under the heading Innovation and Improvement for purposes authorized by the Elementary and Secondary Education Act of 1965, there are hereby appropriated an additional $54,085,000 which shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided , That none of the funds made available for such projects shall be subject to section 302 of this Act. This title may be cited as the Department of Education Appropriations Act, 2022 . IV RELATED AGENCIES Committee for purchase from people who are blind or severely disabled SALARIES AND EXPENSES For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled (referred to in this title as the Committee ) established under section 8502 of title 41, United States Code, $12,000,000: Provided , That in order to authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements of the Committee as prescribed under section 51–3.2 of title 41, Code of Federal Regulations, the Committee shall enter into a written agreement with any such central nonprofit agency: Provided further , That such agreement shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, United States Code: Provided further , That such agreement shall include the elements listed under the heading Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements in the explanatory statement described in section 4 of Public Law 114–113 (in the matter preceding division A of that consolidated Act): Provided further , That any such central nonprofit agency may not charge a fee under section 51–3.5 of title 41, Code of Federal Regulations, prior to executing a written agreement with the Committee: Provided further , That no less than $3,000,000 shall be available for the Office of Inspector General. Corporation for national and community service OPERATING EXPENSES For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS ) to carry out the Domestic Volunteer Service Act of 1973 (referred to in this title as 1973 Act ) and the National and Community Service Act of 1990 (referred to in this title as 1990 Act ), $900,120,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided , That of the amounts provided under this heading: (1) up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $19,538,000 shall be available to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available to carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be available for expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of section 198P shall be awarded by CNCS on a competitive basis: Provided further , That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need by the local community. PAYMENT TO THE NATIONAL SERVICE TRUST (INCLUDING TRANSFER OF FUNDS) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $187,000,000, to remain available until expended: Provided , That CNCS may transfer additional funds from the amount provided within Operating Expenses allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b) . SALARIES AND EXPENSES For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 , and not to exceed $2,500 for official reception and representation expenses, $91,186,000. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $6,960,000. ADMINISTRATIVE PROVISIONS 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2022, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act— (1) entities described in paragraph (a) of such section shall be considered qualified entities under section 3 of the National Child Protection Act of 1993 ( NCPA ); (2) individuals described in such section shall be considered volunteers under section 3 of NCPA; and (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 . 406. Notwithstanding sections 139(b), 146 and 147 of the 1990 Act, an individual who successfully completes a term of service of not less than 1,200 hours during a period of not more than one year may receive a national service education award having a value of 70 percent of the value of a national service education award determined under section 147(a) of the Act. Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB ), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2024, $565,000,000: Provided , That none of the funds made available to CPB by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further , That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further , That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB. In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system and other technologies and services that create infrastructure and efficiencies within the public media system, $20,000,000. Federal mediation and conciliation service SALARIES AND EXPENSES For expenses necessary for the Federal Mediation and Conciliation Service ( Service ) to carry out the functions vested in it by the Labor-Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $50,000,000: Provided , That notwithstanding 31 U.S.C. 3302 , fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further , That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further , That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director's jurisdiction. Federal mine safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,539,000. Institute of museum and library services OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $282,000,000: Provided , That $3,000,000 shall remain available until expended for the establishment and support of an Information Literacy Taskforce appointed and led by the Director of the Institute of Museum and Library Services: Provided further , That such Taskforce shall take actions it deems necessary to improve the quality of and increase access to information literacy skills development. Medicaid and CHIP payment and access commission SALARIES AND EXPENSES For expenses necessary to carry out section 1900 of the Social Security Act, $9,350,000. Medicare payment advisory commission SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $13,310,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. National council on disability SALARIES AND EXPENSES For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,750,000. National labor relations board SALARIES AND EXPENSES For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $301,925,000: Provided , That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. National mediation board SALARIES AND EXPENSES For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $14,542,000. Occupational safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $15,028,000. Railroad retirement board DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $11,000,000, which shall include amounts becoming available in fiscal year 2022 pursuant to section 224(c)(1)(B) of Public Law 98–76 ; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits: Provided , That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year. FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2023, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 . LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement Board ( Board ) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $125,049,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided , That notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation may be used to hire attorneys only through the excepted service: Provided further , That the previous proviso shall not change the status under Federal employment laws of any attorney hired by the Railroad Retirement Board prior to January 1, 2013: Provided further , That notwithstanding section 7(b)(9) of the Railroad Retirement Act, this limitation may be used to hire students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs using current excepted hiring authorities established by the Office of Personnel Management. LIMITATION ON THE OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $12,650,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social Security administration PAYMENTS TO SOCIAL SECURITY TRUST FUNDS For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000. SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 , section 212 of Public Law 93–66 , as amended, and section 405 of Public Law 95–216 , including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $46,122,423,000, to remain available until expended: Provided , That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury: Provided further , That not more than $86,000,000 shall be available for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act, and remain available through September 30, 2024. For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2023, $15,600,000,000, to remain available until expended. LIMITATION ON ADMINISTRATIVE EXPENSES For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $13,798,945,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided , That not less than $2,700,000 shall be for the Social Security Advisory Board: Provided further , That unobligated balances of funds provided under this paragraph at the end of fiscal year 2022 not needed for fiscal year 2022 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further , That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the previous proviso: Provided further , That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131 , and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. From funds provided under the first paragraph, not more than $1,708,000,000, to remain available through March 31, 2023, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided , That, of such amount, $273,000,000 is provided to meet the terms of section 4004(b)(1)(B)(i) and section 4005(a)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and $1,435,000,000 is additional new budget authority specified for purposes of section 4004(b)(1) and section 4005(a) of such resolution: Provided further , That, of the additional new budget authority described in the preceding proviso, up to $12,100,000 may be transferred to the Office of Inspector General , Social Security Administration, for the cost of jointly operated co-operative disability investigation units: Provided further , That such transfer authority is in addition to any other transfer authority provided by law: Provided further , That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104–121 for fiscal years 1996 through 2002: Provided further , That none of the funds described in this paragraph shall be available for transfer or reprogramming except as specified in this paragraph. In addition, $138,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 , which shall remain available until expended: Provided , That to the extent that the amounts collected pursuant to such sections in fiscal year 2022 exceed $138,000,000, the amounts shall be available in fiscal year 2023 only to the extent provided in advance in appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $32,000,000, together with not to exceed $80,000,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund: Provided , That $2,000,000 shall remain available until expended for information technology modernization, including related hardware and software infrastructure and equipment, and for administrative expenses directly associated with information technology modernization. In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses , Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided , That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer. V GENERAL PROVISIONS (TRANSFER OF FUNDS) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses ; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for National Mediation Board, Salaries and Expenses . 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act ( 42 U.S.C. 289g(b) ). (b) For purposes of this section, the term human embryo or embryos includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. 507. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 508. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 509. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 510. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 511. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 512. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 513. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2022 that are different than those specified in this Act, the explanatory statement accompanying this Act, or the fiscal year 2022 budget request. 514. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2022, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 515. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act. 516. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 517. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 518. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be considered independent agencies; and (2) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 519. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at United States taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 520. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76 , except that in carrying out such Pilots section 526 shall be applied by substituting Fiscal Year 2022 for Fiscal Year 2014 in the title of subsection (b) and by substituting September 30, 2026 for September 30, 2018 each place it appears: Provided , That such pilots shall include communities that have been disproportionately impacted by the COVID–19 pandemic. (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76 , section 524 of division G of Public Law 113–235 , section 525 of division H of Public Law 114–113 , section 525 of division H of Public Law 115–31 , section 525 of division H of Public Law 115–141 , section 524 of division A of Public Law 116–94 , and section 524 of division H of Public Law 116–260 . (c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities. 521. Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2022 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived. 522. The Departments of Labor, Health and Human Services, and Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications, including supplements, issued at the discretion of such Departments not less than 3 full business days before any entity selected to receive a grant award is announced by the Department or its offices (other than emergency response grants at any time of the year or for grant awards made during the last 10 business days of the fiscal year, or if applicable, of the program year). 523. Each department and related agency funded through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt. (RESCISSION) 524. Of any available amounts appropriated under section 2104(a)(25) of the Social Security Act ( 42 U.S.C. 1397dd ) that are unobligated as of September 25, 2022, $4,664,000,000 are hereby rescinded as of such date. 525. Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act and the income derived from investment of those funds pursuant to section 2104(n)(2)(C) of that Act, $18,600,000,000 shall not be available for obligation in this fiscal year. EVALUATION FUNDING FLEXIBILITY 526. (a) This section applies to: (1) the Office of the Assistant Secretary for Planning and Evaluation within the Office of the Secretary and the Administration for Children and Families in the Department of Health and Human Services; and (2) The Chief Evaluation Office and the statistical-related cooperative and interagency agreements and contracting activities of the Bureau of Labor Statistics in the Department of Labor. (b) Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable basis, or transferred to the functions and organizations identified in subsection (a) for research, evaluation, or statistical purposes shall be available for obligation through September 30, 2026: Provided , That when an office referenced in subsection (a) receives research and evaluation funding from multiple appropriations, such offices may use a single Treasury account for such activities, with funding advanced on a reimbursable basis. (c) Amounts referenced in subsection (b) that are unexpended at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which such amounts are available. This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3062is/xml/BILLS-117s3062is.xml
|
117-s-3063
|
II 117th CONGRESS 1st Session S. 3063 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Hagerty (for himself, Mr. Risch , Mr. Rubio , Mr. Cruz , Mr. Young , Mr. Cotton , Mrs. Blackburn , Mr. Marshall , Mr. Tillis , Ms. Lummis , Mr. Barrasso , Mr. Sullivan , Mr. Crapo , Mr. Sasse , Mrs. Hyde-Smith , Mr. Braun , Mr. Tuberville , Mr. Hawley , Mr. Scott of Florida , Mr. Wicker , Ms. Collins , Mr. Lee , Mr. Lankford , Mr. Inhofe , Mr. Cramer , Mr. Boozman , Mr. Paul , Mr. Daines , Mrs. Capito , Mr. Hoeven , Mr. Johnson , Ms. Ernst , Mr. Toomey , Mr. Cassidy , Mrs. Fischer , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the use of funds for a United States Embassy, Consulate General, Legation, Consular Office, or any other diplomatic facility in Jerusalem other than the United States Embassy to the State of Israel, and for other purposes.
1. Short title This Act may be cited as the Upholding the 1995 Jerusalem Embassy Law Act of 2021 . 2. Findings Congress finds the following: (1) There has been overwhelming bipartisan support in Congress for recognizing Jerusalem as the eternal and undivided capital of the State of Israel and moving the United States Embassy from Tel Aviv to Jerusalem. (2) On May 22, 1990, Congress unanimously adopted Senate Concurrent Resolution 106 (101st Congress), which declares that Congress strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected . (3) In June 1992, Congress unanimously adopted Senate Concurrent Resolution 113 (102nd Congress) to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city. (4) In June 1993, 257 members of the House of Representatives signed a letter to the Secretary of State Warren Christopher stating that the relocation of the United States Embassy to Jerusalem should take place no later than … 1999 . (5) In March 1995, 93 United States Senators signed a letter to Secretary of State Warren Christopher encouraging planning to begin now for relocation of the United States Embassy to the city of Jerusalem. (6) In November 1995, the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ) became law after receiving a 93–5 vote in the Senate and a 374–37 vote in the House of Representatives. The law expresses support for recognizing Jerusalem as the capital of Israel and facilitating the relocation of the United States Embassy to Jerusalem. (7) The Jerusalem Embassy Act of 1995 states, as the policy of the United States— (A) Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected ; (B) Jerusalem should be recognized as the capital of the State of Israel ; and (C) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999 . (8) On May 20, 1997, the Senate unanimously passed Senate Concurrent Resolution 21 (105th Congress) to commemorate the 30th anniversary of the reunification of Jerusalem during the Six Day War, which— (A) congratulates the residents of Jerusalem and the people of Israel on the thirtieth anniversary of the reunification of that historic city ; (B) strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected as they have been by Israel during the past 30 years ; (C) calls upon the President and Secretary of State to publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the state of Israel ; and (D) urges United States officials to refrain from any actions that contradict United States law on this subject . (9) On June 10, 1997, the House of Representatives adopted House Concurrent Resolution 60 (105th Congress) by a vote of 406–17 to commemorate the 30th anniversary of the reunification of Jerusalem during the Six Day War, which— (A) congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that historic city ; (B) strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected as they have been by Israel during the past 30 years ; (C) calls upon the President and the Secretary of State to affirm publicly as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel ; and (D) urges United States officials to refrain from any actions that contradict this policy . (10) In September 2002, Congress passed the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ), which states, in section 214, the following: (A) The Congress maintains its commitment to relocating the United States Embassy in Israel to Jerusalem and urges the President, pursuant to the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ; 109 Stat. 398), to immediately begin the process of relocating the United States Embassy in Israel to Jerusalem. . (B) None of the funds authorized to be appropriated by this Act may be expended for the operation of a United States consulate or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel. . (C) None of the funds authorized to be appropriated by this Act may be available for the publication of any official government document which lists countries and their capital cities unless the publication identifies Jerusalem as the capital of Israel. . (D) For purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen's legal guardian, record the place of birth as Israel. . (11) On June 5, 2007, the House of Representatives passed, by voice vote, House Concurrent Resolution 152 (110th Congress), to commemorate the 40th anniversary of the reunification of Jerusalem during the Six Day War. The resolution reiterates [Congress'] commitment to the provisions of the Jerusalem Embassy Act of 1995 and calls upon the President and all United States officials to abide by its provisions . (12) On June 5, 2017, the Senate unanimously passed Senate Resolution 176 (115th Congress) to commemorate the 50th anniversary of the reunification of Jerusalem during the Six Day War. The resolution reaffirms the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ) as United States law, and calls upon the President and all United States officials to abide by its provisions. . (13) On December 7, 2017, the United States took the first step to implement the Jerusalem Embassy Act of 1995 by formally recognizing Jerusalem as the eternal capital of Israel . (14) On May 14, 2018, the United States further implemented the Jerusalem Embassy Act of 1995 by officially opening the United States Embassy in Israel’s capital of Jerusalem. (15) On March 4, 2019, the United States took the final step to implement and become fully compliant with the Jerusalem Embassy Act of 1995 by— (A) moving the official United States Ambassador’s residence to Jerusalem; and (B) merging the Consulate General of the United States in Jerusalem with the United States Embassy in Jerusalem. (16) On February 2, 2021, the Senate adopted Senate Amendment 786 to the budget resolution (section 3012 of Senate Concurrent Resolution 5), by a vote of 97–3, to maintain the United States Embassy in Jerusalem permanently, and effectively preventing it from being downgraded or moved out of Israel’s capital of Jerusalem. 3. Statement of policy It is the policy of the United States— (1) to uphold, preserve, and reaffirm the clear purpose and intent of the Statement of the Policy of the United States in section 3(a) of the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ; 109 Stat. 399); (2) to uphold, preserve, and reaffirm United States recognition of Jerusalem as the eternal capital of the State of Israel and an undivided city in which the rights of every ethnic and religious group are protected; (3) to maintain the United States Embassy to the State of Israel in Jerusalem, the capital of the State of Israel; and (4) not to reopen, open, or otherwise maintain a United States Embassy, Consulate General, Legation, Consular Office, or any other diplomatic facility in Jerusalem other than the United States Embassy to the State of Israel. 4. Prohibition on use of funds for certain diplomatic facilities Section 1 of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 292 ) is amended by adding at the end the following: (d) Prohibition on use of funds Notwithstanding any other provision of law, none of the funds authorized to be appropriated on or after the date of the enactment of this subsection may be used for a United States Embassy, Consulate General, Legation, Consular Office, or any other diplomatic facility in Jerusalem other than the United States Embassy to the State of Israel. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3063is/xml/BILLS-117s3063is.xml
|
117-s-3064
|
II 117th CONGRESS 1st Session S. 3064 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Booker (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes.
1. Short title This Act may be cited as the White House Conference on Food, Nutrition, Hunger, and Health Act . 2. Findings Congress finds that— (1) hunger and food and nutrition insecurity are conditions that can be solved; (2) access to healthy food and good nutrition should be a fundamental priority of each individual who lives in a State; (3) more than 50 years have passed since the United States convened a White House conference to comprehensively address the issues of food, hunger, health, and nutrition in the United States; (4) more than 38,000,000 individuals live in households that face food insecurity, 12,600,000 of whom are children and 5,000,000 of whom are seniors and persons with disabilities or critical illnesses; (5) (A) because of the COVID–19 pandemic, more than 42,000,000 individuals, including 13,000,000 children, are projected to experience food insecurity; and (B) diet-related diseases greatly worsen outcomes from COVID–19, contributing to nearly 2/3 of all COVID–19 hospitalizations in the United States; (6) (A) the COVID–19 pandemic has disrupted global and local food supply chains, identifying the fragility and importance of the food system as a national security issue and making clear that a diverse local and regional food system is essential to the resilience of the United States; and (B) that issue has become entangled with the issues of hunger and food and nutrition insecurity; (7) (A) the burdens of food insecurity are not distributed equally, as the burdens remain higher among racial and ethnic minority groups, in rural areas, and in the south and southeast; (B) households headed by Blacks and Hispanics face higher rates of food insecurity, at a rate of 21.2 percent and 16.2 percent, respectively, while the national average is 11.1 percent; and (C) the geographic distributions of food insecurity remain a serious concern, as rural communities represent 87 percent of the counties in the United States with the highest rates of overall food insecurity; (8) (A) nutrition insecurity and diet-related chronic diseases disproportionately affect racial and ethnic minority groups and low-income, rural, and other underserved populations in the United States; and (B) in just over 10 years, type 2 diabetes rates have doubled for African-American children and increased 50 percent for Native-American children and Hispanic children between 10 and 19 years old; (9) conservative cost estimates show that the true cost of hunger and illness related to hunger and food and nutrition insecurity in the United States is at least $160,000,000,000 per year with respect to direct medical costs, most of which is paid by Medicare and Medicaid, an amount that exceeds the annual budget of the Department of Agriculture; (10) hyper-consolidation in the food industry has led to a dramatic decline in the farmer’s share of the food dollar, fewer choices for consumers, and economic insecurity for rural communities, many of which are now considered food deserts; (11) (A) better food and nutrition can save the United States billions of dollars in health care costs by preventing or delaying the progression to late-stage disease for tens of millions of individuals who live in a State and have chronic diseases; (B) the adverse social, physical, and psychological outcomes associated with food and nutrition insecurity are well documented, particularly in households with children, including higher rates of diabetes and hypertension, self-reported fair or poor health, maternal depression, behavioral problems and developmental delays in early life, and poor academic achievement; (C) those outcomes are not only detrimental to the health and well-being of individual children and families, but also negatively impact broader society; and (D) based on a combination of lower worker productivity, higher costs of public education, greater health care costs, and the cost associated with emergency food distribution, the economic burden associated with food insecurity has been estimated to be over $178,930,000,000 annually; and (12) a national discussion of the root causes and social determinants of hunger and food and nutrition insecurity, as well as identification of solutions to those epidemics, can lead to action to implement those solutions and to end hunger in the United States. 3. Definitions In this Act: (1) Co-chairs The term Co-chairs means— (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (2) Conference The term Conference means the White House Conference on Food, Nutrition, Hunger, and Health convened under section 4(a). (3) Policy Committee The term Policy Committee means the Policy Committee established under section 5(a). (4) Presidential Designee The term Presidential Designee means the Presidential Designee selected by the President under section 4(b). (5) State The term State means— (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the United States Virgin Islands; and (G) the Commonwealth of the Northern Mariana Islands. 4. Authorization of the Conference (a) Authority To call conference The President shall call the White House Conference on Food, Nutrition, Hunger, and Health, to be convened by the Co-chairs not later than 18 months after the selection of the members of the Policy Committee in accordance with section 5(a)— (1) to make fundamental policy recommendations with respect to ending hunger, improving nutrition, making the food system more resilient, and creating sustainable markets for farmers and ranchers in the United States; and (2) to implement the purposes described in subsection (d) and improve Federal food and nutrition assistance programs. (b) Selection of a Presidential Designee The President shall select a senior executive branch official to serve as Presidential Designee. (c) Planning and direction The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. (d) Purposes The purposes of the Conference are— (1) to identify the impacts of the COVID–19 pandemic on the state of food and nutrition insecurity; (2) to identify areas of weakness within the food system of the United States; (3) to explore the impact of racial, urban, rural, and geographic disparities on hunger and food and nutrition insecurity; (4) to identify viable solutions for— (A) ending hunger in the United States by 2030; (B) reducing by 1/2 the level of nutrition insecurity by 2025; and (C) reducing by 1/2 the level of diet-related illnesses by 2030; (5) to identify any changes and trends with respect to food and nutrition-related security, health, and healthcare spending for the 30 years prior to the date of enactment of this Act; (6) to review the structure, scope, and effectiveness of existing laws, regulations, or programs— (A) at the Federal, State, and local levels that provide for the nutritional needs of food-insecure individuals who live in a State; and (B) across all Federal departments and agencies that carry out activities related to food and nutrition; (7) to identify possible duplication among Federal food and nutrition programs and to recommend streamlining opportunities in order to improve nutritional and food security outcomes in the United States; (8) to determine the extent to which current Federal, State, and local programs can help improve the nutritional health of individuals who live in a State to better use available resources and ensure greater coordination among those programs; (9) to identify the ways in which healthcare systems can best integrate and incorporate food and nutrition interventions to improve health, end hunger, and reduce by 1/2 the levels of nutrition insecurity and diet-related illnesses in the United States; (10) to identify ways to provide opportunities for independent family farmers and ranchers to meet the nutritional needs of every individual who lives in a State; (11) to highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable individuals who live in a State; (12) to identify opportunities for effective partnerships between the government, private industry, labor, healthcare, independent family farmers, and nonprofit sectors to fight hunger in the United States; (13) to bring public attention to the more than 38,000,000 individuals who live in a State that face a constant struggle against hunger, food insecurity, and nutrition insecurity; (14) to review— (A) the medical, developmental, and educational impact of hunger, food insecurity, and nutrition insecurity; (B) the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; and (C) the economic opportunities for independent farmers and ranchers to provide healthy food to their communities; and (15) to build understanding among individuals who live in a State— (A) of the cost of hunger and nutrition insecurity in the United States, including lost wages, diminished stamina, and reduced capacity to learn; and (B) that hunger, malnutrition, and food and nutrition insecurity, in addition to an increasingly consolidated and foreign-owned food and farm supply system, is a matter of national security. 5. Policy committee and related committees (a) Establishment Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees Thirteen members shall be appointed by the President and shall include— (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. (2) Senate appointees (A) Three members shall be appointed by the majority leader of the Senate, in consultation with— (i) the chairperson and ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (ii) the chairperson and ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the chairperson and ranking member of the Committee on Finance of the Senate. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (3) House of Representatives appointees (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with— (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. (B) Three members shall be appointed by the minority leader of the House of Representatives, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (b) Operation of committee (1) Chairperson (A) In general The Presidential Designee shall serve as the chairperson of the Policy Committee. (B) Voting privilege The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (2) Voting (A) In general The Policy Committee shall act by the vote of a majority of the members present. (B) Quorum A quorum of members shall not be required to conduct Policy Committee business. (c) Duties of the Committee (1) Meetings (A) Initial meeting The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). (B) Regular meetings Subsequent meetings of the Policy Committee shall be held at the call of the Co-chairs of the Conference. (2) Duties Through meetings, hearings, and working sessions, the Policy Committee shall— (A) make recommendations to the Co-chairs to facilitate the timely convening of the Conference; (B) not later than 90 days after the first meeting of the Policy Committee, prepare and submit to the Co-chairs a proposed agenda for the Conference that reflects, to the greatest extent practicable— (i) the major issues facing the field of food and nutrition; and (ii) the purposes of the Conference described in section 4(d); (C) make recommendations with respect to the selection of the delegates to the Conference; (D) establish the number of delegates to be selected under section 6; and (E) establish an executive committee that— (i) consists of 3 members of the Policy Committee, selected in consultation with the Committee on Agriculture of the House of Representatives, the Committee on Rules of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (ii) collaborates with the delegates to the Conference. 6. Conference delegates To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include— (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. 7. Conference administration (a) Administration In administering this Act, the Co-chairs shall— (1) not later than 48 hours before the start of a meeting, hearing, or working session, provide written notice to all members of the Policy Committee of that meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of Federal departments and agencies as may be appropriate, including the detailing of personnel from those departments and agencies; (3) make available for public comment the proposed agenda submitted by the Policy Committee under section 5(c)(2)(B); (4) not later than 30 days after the date on which the proposed agenda is submitted for public comment under paragraph (3), approve that agenda; and (5) prepare and make available to delegates background materials determined by the Co-chairs to be necessary. (b) No compensation All members appointed under this Act shall serve in the roles for which they are appointed without compensation. (c) Duties The Co-chairs shall ensure that— (1) the proposed agenda prepared under section 5(c)(2)(B) is published in the Federal Register not later than 30 days after that agenda is approved under subsection (a)(4); (2) any employed personnel are fairly balanced with respect to points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference— (A) are not inappropriately influenced by any special interest; and (B) are the result of the independent and collective judgment of the delegates to the Conference; and (4) not later than 30 days before the Conference is convened, the delegates to the Conference have access to information provided by relevant Federal agencies that includes— (A) updated statistical data (including decennial census data) and other information on food and nutrition in the United States; and (B) information necessary to evaluate Federal programs and policies relating to food and nutrition. (d) Gifts (1) In general The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. (2) Additional amount Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records (1) In general The Co-chairs shall maintain records regarding— (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. (2) Public availability For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. Conference report (a) Preliminary report (1) In general Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be— (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. (2) Views and findings The Policy Committee shall request that, not later than 45 days after the submission of the report by the Policy Committee under paragraph (1)(B), the chief executive officers of each of the States shall submit to the Policy Committee views and findings with respect to that report. (b) Final report Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall— (1) prepare a final report on the Conference, which shall include— (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). 9. Status reports (a) Initial status report Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall— (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. (b) Subsequent status reports Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall— (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. 10. Committee hearings (a) Hearings on reports The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). (b) Hearings on status of hunger, nutrition security, and food systems The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. (c) Exercise of rulemaking authority Subsections (a) and (b) are enacted— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, and, as such, shall be considered as part of the rules of the Senate or the House of Representatives (as the case may be), and such rules shall supersede any other rule of the Senate or the House of Representatives only to the extent that any such rule is inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate or the House of Representatives. 11. Authorization of appropriations (a) Authorization (1) In general There are authorized to be appropriated $2,500,000 to carry out this Act for each of— (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (2) Limitation Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. (b) Availability of funds (1) In general Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (2) Unobligated funds Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3064is/xml/BILLS-117s3064is.xml
|
117-s-3065
|
II 117th CONGRESS 1st Session S. 3065 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish national data privacy standards in the United States, and for other purposes.
1. Short title This Act may be cited as the Digital Accountability and Transparency to Advance Privacy Act or the DATA Privacy Act . 2. Definitions (a) In general In this Act: (1) Collect The term collect means taking any operation or set of operations to obtain covered data, including by automated means, including purchasing, leasing, assembling, recording, gathering, acquiring, or procuring. (2) Commission The term Commission means the Federal Trade Commission. (3) Covered data The term covered data — (A) means any information that is— (i) collected, processed, stored, or disclosed by a covered entity; (ii) collected over the internet or other digital network; and (iii) (I) linked to an individual or device associated with an individual; or (II) practicably linkable to an individual or device associated with an individual, including by combination with separate information, by the covered entity or any potential recipient of the data; and (B) does not include data that is— (i) collected, processed, stored, or disclosed solely for the purpose of employment of an individual; or (ii) lawfully made available to the public from Federal, State, or local government records. (4) Covered entity The term covered entity — (A) means any entity that collects, processes, stores, or discloses covered data; and (B) does not include any entity that collects, processes, stores, or discloses covered data relating to fewer than 50,000 individuals and devices during any 12-month period. (5) Disclose The term disclose means taking any action with respect to covered data, including by automated means, to sell, share, provide, or otherwise transfer covered data to another entity, person, or the general public. (6) Privacy enhancing technology The term privacy enhancing technology — (A) means any software solution, technical processes, or other technological means of enhancing the privacy and confidentiality of an individual’s covered data in data or sets of data; and (B) includes anonymization and pseudonymization techniques, filtering tools, anti-tracking technology, differential privacy tools, synthetic data, and secure multi-party computation. (7) Privacy risk The term privacy risk means potential harm to an individual resulting from the collection, processing, storage, or disclosure of covered data, including— (A) direct or indirect financial loss; (B) stigmatization or reputational harm; (C) anxiety, embarrassment, fear, and other severe emotional trauma; (D) loss of economic opportunity; or (E) physical harm. (8) Process The term process means any operation or set of operations that is performed on covered data or on sets of covered data, including by automated means, including organizing, combining, adapting, altering, using, or transforming. (9) Protected characteristic The term protected characteristic means an individual’s race, sex, gender, sexual orientation, nationality, religious belief, age, or disability status. (10) Pseudonymous data The term pseudonymous data means covered data that may only be linked to the identity of an individual or the identity of a device associated with an individual if combined with separate information. (11) Reasonable interest The term reasonable interest means— (A) a compelling business, operational, administrative, legal, or educational justification for the collection, processing, storage, or disclosure of covered data exists; and (B) the interest does not subject the individual linked to the covered data to an unreasonable privacy risk. (12) Sensitive data The term sensitive data means any covered data relating to— (A) the health, biologic, physiologic, biometric, sexual life, or genetic information of an individual; or (B) the precise geolocation information of a device associated with an individual. (13) Store The term store means any operation or set of operations to continue possession of covered data, including by automated means. (14) Third party service provider The term third party service provider means any covered entity that collects, processes, stores, or discloses covered data at the direction of, and for the sole benefit of, another covered entity under a contract. (b) Modified definition by rulemaking If the Commission determines that a term defined in paragraph (10) or (12) is not sufficient to protect an individual’s data privacy, the Commission may promulgate regulations under section 553 of title 5, United States Code, to modify the definition as the Commission considers appropriate. 3. Required privacy notice (a) Privacy notice Each covered entity shall post in an accessible location a notice that is concise, in context, in easily understandable language, accurate, clear, timely, updated, uses visualizations where appropriate, conspicuous, and free of charge regarding the covered entity’s privacy practices. (b) Contents of notice The notice required by subsection (a) shall include— (1) a description of the covered data that the entity collects, processes, stores, and discloses, including the sources that provided the covered data if the covered entity did not collect the covered data from the individual; (2) the purposes for and means by which the entity collects, processes, and stores the covered data; (3) the persons and entities to whom, and purposes for which, the covered entity discloses the covered data; and (4) a conspicuous, clear, and understandable means for individuals to access the methods necessary to exercise their rights under sections 4 and 5. 4. Required data practices (a) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that require covered entities to implement, practice, and maintain certain data procedures and processes that meet the following requirements: (1) Minimum data processing requirements Except as provided in subsection (b), require covered entities to meet all of the following requirements regarding the means by and purposes for which covered data is collected, processed, stored, and disclosed: (A) Reasonable (i) In general Except as provided in paragraph (3), covered data collection, processing, storage, and disclosure practices must meet a reasonable interest of the covered entity, including— (I) business, educational, and administrative operations that are relevant and appropriate to the context of the relationship between the covered entity and the individual linked to the covered data; (II) relevant and appropriate product and service development and enhancement; (III) preventing and detecting abuse, fraud, and other criminal activity; (IV) reasonable communications and marketing practices that follow best practices, rules, and ethical standards; (V) engaging in scientific, medical, or statistical research that follows commonly accepted ethical standards; or (VI) any other purpose for which the Commission considers to be reasonable. (ii) Considerations In promulgating regulations in accordance with this subparagraph, the Commission shall consider— (I) the role of impact assessments in determining the privacy risk for high-risk processing; (II) the sensitivity of the covered data; and (III) the impact of such regulations on small business. (B) Equitable (i) In general Covered data collection, processing, storage, and disclosure practices may not be for purposes that result in discrimination against a protected characteristic, including— (I) discriminatory targeted advertising practices; (II) price, service, or employment opportunity discrimination; or (III) any other practice the Commission considers likely to result in discrimination against a protected characteristic. (ii) Considerations In promulgating regulations in accordance with this subparagraph, the Commission shall consider— (I) established civil rights laws, common law, and existing relevant consent decrees; (II) the existing economic models and technology available in the digital advertising system; (III) the role of algorithms and impact assessments; and (IV) the impact of such regulations on small businesses. (C) Forthright (i) In general Covered data collection, processing, storage, and disclosure practices may not be accomplished with means or for purposes that are deceptive, including— (I) the use of inconspicuous recording or tracking devices and methods; (II) the disclosure of covered data that a reasonable individual believes to be the content of a private communication with another party or parties; (III) notices, interfaces, or other representations likely to mislead consumers; or (IV) any other practice that the Commission considers likely to mislead individuals regarding the purposes for and means by which covered data is collected, processed, stored, or disclosed. (ii) Considerations In promulgating regulations in accordance with this subparagraph, the Commission shall consider— (I) existing relevant consent decrees; (II) the reasonable expectations of consumers; (III) research on deceptive practices; (IV) the role of deceptive user interfaces; and (V) the impact of such regulations on small businesses. (2) Requirements for opt-out consent Except as provided in subsection (b), require covered entities to provide individuals with conspicuous access to a method that is in easily understandable language, concise, accurate, clear, to opt-out of any collection, processing, storage, or disclosure of covered data linked to the individual. (3) Requirements for affirmative consent Except as provided in subsection (b), require covered entities to provide individuals with a notice that is concise, in easily understandable language, accurate, clear, timely, and conspicuous to express affirmative, opt in consent— (A) before the covered entity collects or discloses sensitive data linked to the individual; or (B) before the covered entity collects, processes, stores, or discloses data for purposes which are outside the context of the relationship of the covered entity with the individual linked to the data, including— (i) the use of covered data beyond what is necessary to provide, improve, or market a good or service that the individual requests; (ii) the processing or disclosure of covered data differs in material ways from the purposes described in the privacy policy that was in effect when the data was collected; and (iii) any other purpose that Commission considers outside of context. (4) Data minimization requirements Except as provided in subsection (b), require covered entities to— (A) take reasonable measures to limit the collection, processing, storage, and disclosure of covered data to the amount that is necessary to carry out the purposes for which the data is collected; and (B) store covered data only as long as is reasonably necessary to carry out the purposes for which the data was collected. (b) Exemptions Subsection (a) shall not apply if the limitations on the collection, processing, storage, or disclosure of covered data would— (1) inhibit detection or prevention of a security risk or incident; (2) risk the health, safety, or property of the covered entity or individual; or (3) prevent compliance with an applicable law (including regulations) or legal process. 5. Individual control over data use (a) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require covered entities to provide conspicuous, understandable, clear, and free of charge method to— (1) upon the request of an individual, provide the individual with access to, or an accurate representation of, covered data linked to with the individual or the individual’s device stored by the covered entity; (2) upon the request of an individual, provide the individual with a means to dispute and resolve the accuracy or completeness of the covered data linked to the individual or the individual’s device stored by the entity; (3) upon the request of an individual, delete any covered data that the covered entity stores linked to the individual or the individual’s device; and (4) when technically feasible, upon the request of an individual, allow the individual to transmit or transfer covered data linked to the individual or the individual’s device that is maintained by the entity to the individual in a format that is standardized and interoperable. (b) Pseudonymous data If the covered data that an individual has requested processed under subsection (a) is pseudonymous data, a covered entity may decline the request if processing the request is not technically feasible. (c) Timeliness of requests In fulfilling any requests made by the individual under subsection (a) the covered entity shall act in as timely a manner as is reasonably possible. (d) Access to same service A covered entity shall not discriminate against an individual because of any action the individual took under their rights described in subsection (a), including— (1) denying goods or services to the individual; (2) charging, or advertising, different prices or rates for goods or services; or (3) providing different quality of goods or services. (e) Consideration The Commission shall allow a covered entity, by contract, to provide relevant obligations to the individual under subsection (a) on behalf of a third party service provider that collects, processes, stores, or discloses covered data only on behalf of the covered entity. 6. Information security standards (a) Required data security practices (1) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require covered entities to establish and implement policies and procedures regarding information security practices for the treatment and protection of covered data taking into consideration— (A) the level of identifiability of the covered data and the associated privacy risk; (B) the sensitivity of the covered data collected, processed, and stored and the associated privacy risk; (C) the currently available and widely accepted technological, administrative, and physical means to protect covered data under the control of the covered entity; (D) the cost associated with implementing, maintaining, and regularly reviewing the safeguards; and (E) the impact of these requirements on small- and medium-sized businesses. (2) Limitations In promulgating the regulations required under this section, the Commission shall consider a covered entity who is in compliance with existing information security laws that the Commission determines are sufficiently rigorous to be in compliance with this section with respect to particular types of covered data to the extent those types of covered data are covered by such law, including the following: (A) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ). (B) The Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 ). (C) The Health Insurance Portability and Accountability Act of 1996 Security Rule (45 CFR 160.103 and part 164). (D) Any other existing law requiring a covered entity to implement and maintain information security practices and procedures that the Commission determines to be sufficiently rigorous. 7. Privacy protection officers (a) Appointment of a privacy protection officer Each covered entity with annual revenue in excess of $50,000,000 the prior year shall designate at least 1 appropriately qualified employee as a privacy protection officer who shall— (1) educate employees about compliance requirements; (2) train employees involved in data processing; (3) conduct regular, comprehensive audits to ensure compliance and make records of the audits available to enforcement authorities upon request; (4) maintain updated, clear, and understandable records of all data security practices undertaken by the covered entity; (5) serve as the point of contact between the covered entity and enforcement authorities; and (6) advocate for policies and practices within the covered entity that promote individual privacy. (b) Protections The privacy protection officer shall not be dismissed or otherwise penalized by the covered entity for performing any of the tasks assigned to the person under this section. 8. Research into privacy enhancing technology (a) National Science Foundation support of research on privacy enhancing technology The Director of the National Science Foundation, in consultation with other relevant Federal agencies (as determined by the Director), shall support merit-reviewed and competitively awarded research on privacy enhancing technologies, which may include— (1) fundamental research on technologies for de-identification, pseudonymization, anonymization, or obfuscation of covered data in data sets while maintaining fairness, accuracy, and efficiency; (2) fundamental research on algorithms and other similar mathematical tools used to protect individual privacy when collecting, storing, sharing, or aggregating data; (3) fundamental research on technologies that promote data minimization principles in data collection, sharing, and analytics; and (4) research awards on privacy enhancing technologies coordinated with other relevant Federal agencies and programs. (b) Integration into the computer and network security program Subparagraph (D) of section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1)(D) ) is amended to read as follows: (D) privacy enhancing technologies and confidentiality; . (c) Coordination with the National Institute of Standards and Technology and other stakeholders (1) In general The Director of the Office of Science and Technology Policy, acting through the Networking and Information Technology Research and Development Program, shall coordinate with the Director of the National Science Foundation, the Director of the National Institute of Standards and Technology, and the Commission to accelerate the development and use of privacy enhancing technologies. (2) Outreach The Director of the National Institute of Standards and Technology shall conduct outreach to— (A) receive input from private, public, and academic stakeholders, including the National Institutes of Health and the Centers for Disease Control and Prevention, for the purpose of facilitating public health research, on the development of privacy enhancing technologies; and (B) develop ongoing public and private sector engagement to create and disseminate voluntary, consensus-based resources to increase the integration of privacy enhancing technologies in data collection, sharing, and analytics by the public and private sectors. (d) Report on research and standards development Not later than 2 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, acting through the Networking and Information Technology Research and Development Program, shall, in coordination with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, submit to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives, a report containing— (1) the progress of research on privacy enhancing technologies; (2) the progress of the development of voluntary resources described under subsection (c)(2)(B); and (3) any policy recommendations of the Directors that could facilitate and improve communication and coordination between the private sector, the National Science Foundation, and relevant Federal agencies through the implementation of privacy enhancing technologies. 9. Enforcement (a) Enforcement by the Commission (1) In general This Act and the regulations prescribed under this Act, other than the provisions of and amendments made by section 8, shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (2) Unfair or deceptive acts or practices A violation of this Act or a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission Subject to paragraph (4), the Commission shall prevent any person from violating this Act or a regulation prescribed under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (4) Common carriers Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), and 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs (1), (2), and (3) with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto. (b) Enforcement by State attorneys general (1) In general (A) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation prescribed under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; (iv) impose a civil penalty in an amount that is not greater than the product of the number of individuals whose information was affected by a violation and $40,000; or (v) obtain such other relief as the court may consider to be appropriate. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in subparagraph (A)(iv) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (C) Notice (i) In general Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption (I) In general Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (c) Rights of the Commission (1) Intervention by the Commission The Commission may intervene in any civil action brought by the attorney general of a State under subsection (b) and upon intervening— (A) be heard on all matters arising in the civil action; and (B) file petitions for appeal of a decision in the civil action. (2) Powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (3) Action by the Commission If the Commission institutes a civil action for violation of this title or a regulation promulgated under this title, no attorney general of a State may bring a civil action under subsection (b) against any defendant named in the complaint of the Commission for violation of this Act or a regulation promulgated under this Act that is alleged in the complaint. (d) Venue and service of process (1) Venue Any action brought under subsection (b) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (b), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (e) Action of other State officials (1) In general In addition to civil actions brought by attorneys general under subsection (b), any other officer of a State who is authorized by the State to do so may bring a civil action under subsection (b), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (2) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (f) Preservation of authority Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 10. Additional enforcement resources (a) In general Notwithstanding any other provision of law the Commission may, without regard to the civil service laws (including regulations), appoint not more than 300 additional personnel for the purposes of enforcing privacy and data security laws and regulations. (b) Authorization of appropriations There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3065is/xml/BILLS-117s3065is.xml
|
117-s-3066
|
II 117th CONGRESS 1st Session S. 3066 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Cortez Masto (for herself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a battery material processing grant program and a battery manufacturing and recycling grant program, and for other purposes.
1. Short title This Act may be cited as the Battery Material Processing and Component Manufacturing Act of 2021 . 2. Battery material processing and battery manufacturing and recycling grants (a) Definitions In this section: (1) Advanced battery The term advanced battery means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component (A) In general The term advanced battery component means a component of an advanced battery. (B) Inclusions The term advanced battery component includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material The term battery material means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. (4) Eligible entity The term eligible entity means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16353(b) ). (5) Foreign entity of concern The term foreign entity of concern means a foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list ); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act ); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); (iv) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (vii) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (6) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Manufacturing The term manufacturing , with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. (8) Processing The term processing , with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing. (9) Recycling The term recycling means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components. (10) Secretary The term Secretary means the Secretary of Energy. (b) Battery material processing grants (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the Battery Material Processing Grant Program (referred to in this subsection as the program ), under which the Secretary shall award grants in accordance with this subsection. (2) Purposes The purposes of the program are— (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants (A) In general Under the program, the Secretary shall award grants to eligible entities— (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial-scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (B) Amount limitation The amount of a grant awarded under the program shall be not less than— (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration In awarding grants to eligible entities under the program, the Secretary shall— (i) give priority to an eligible entity that— (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project— (I) provides workforce opportunities in low- and moderate-income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account— (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (c) Battery manufacturing and recycling grants (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the program ). (2) Purpose The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (3) Grants (A) In general Under the program, the Secretary shall award grants to eligible entities— (i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling; (ii) to construct 1 or more new commercial-scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling. (B) Amount limitation The amount of a grant awarded under the program shall be not less than— (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration In awarding grants to eligible entities under the program, the Secretary shall— (i) give priority to an eligible entity that— (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) (aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or (bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and (ii) take into consideration whether a project— (I) provides workforce opportunities in low- and moderate-income or rural communities; (II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs; (III) encourages partnership with universities and laboratories to spur innovation and drive down costs; (IV) partners with Indian Tribes; (V) takes into account— (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics; and (VI) utilizes feedstock produced in the United States. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (d) Reporting requirements Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of— (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3066is/xml/BILLS-117s3066is.xml
|
117-s-3067
|
II 117th CONGRESS 1st Session S. 3067 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend titles 23 and 49, United States Code, to provide for new and emerging technologies in transportation, and for other purposes.
1. Short title This Act may be cited as the New, Emerging, and Exciting Technologies in Transportation Act or the NEXT in Transportation Act . 2. Definitions In this Act: (1) Department The term Department means the Department of Transportation. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Intelligent transportation systems program advisory committee Section 515(h) of title 23, United States Code, is amended— (1) in paragraph (1), by inserting (referred to in this subsection as the Advisory Committee ) after an Advisory Committee ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking 20 members and inserting 25 members ; (B) in subparagraph (L)— (i) by striking utilities, ; and (ii) by striking the period at the end and inserting a semicolon; (C) by redesignating subparagraphs (E) through (L) as subparagraphs (G), (I), (J), (K), (L), (M), (Q), and (R), respectively; (D) by inserting after subparagraph (D) the following: (E) a representative of a national transit association; (F) a representative of a national, State, or local transportation agency or association; ; (E) by inserting after subparagraph (G) (as so redesignated) the following: (H) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies; ; (F) by inserting after subparagraph (M) (as so redesignated) the following: (N) a representative of a labor organization; (O) a representative of a mobility-providing entity; (P) an expert in traffic management; ; and (G) by adding at the end the following: (S) an expert in cybersecurity; and (T) an automobile manufacturer. ; (3) in paragraph (3)— (A) in subparagraph (A), by striking section 508 and inserting section 6503 of title 49 ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting programs and before research ; and (ii) in clause (iii), by striking research and and inserting programs, research, and ; (4) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); and (5) by inserting after paragraph (2) the following: (3) Term (A) In general The term of a member of the Advisory Committee shall be 3 years. (B) Renewal On expiration of the term of a member of the Advisory Committee, the member— (i) may be reappointed; or (ii) if the member is not reappointed under clause (i), may serve until a new member is appointed. (4) Meetings The Advisory Committee— (A) shall convene not less frequently than twice each year; and (B) may convene with the use of remote video conference technology. . 4. Smart community resource center (a) Definitions In this section: (1) Resource center The term resource center means the Smart Community Resource Center established under subsection (b). (2) Smart community The term smart community means a community that uses innovative technologies, data, analytics, and other means to improve the community and address local challenges. (b) Establishment The Secretary shall work with the modal administrations of the Department and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the Smart Community Resource Center , that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing— (1) intelligent transportation system programs; or (2) smart community transportation programs. (c) Inclusions The resource center shall include links to— (1) existing programs and resources for intelligent transportation system or smart community transportation programs, including technical assistance, education, training, funding, and examples of intelligent transportation systems or smart community transportation programs implemented by States and local communities, available from— (A) the Department; (B) other Federal agencies; and (C) non-Federal sources; (2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs; (3) any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs; and (4) such other resources as the Secretary determines to be appropriate. (d) Deadline The Secretary shall establish the resource center by the date that is 1 year after the date of enactment of this Act. (e) Updates The Secretary shall ensure that the resource center is updated on a regular basis. 5. Strengthening mobility and revolutionizing transportation grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State; (B) a political subdivision of a State; (C) a Tribal government; (D) a public transit agency or authority; (E) a public toll authority; (F) a metropolitan planning organization; and (G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant. (2) Eligible project The term eligible project means a project described in subsection (e). (3) Large community The term large community means a community with a population of not less than 400,000 individuals, as determined under the most recent annual estimate of the Bureau of the Census. (4) Midsized community The term midsized community means any community that is not a large community or a rural community. (5) Regional partnership The term regional partnership means a partnership composed of 2 or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community. (6) Rural community The term rural community means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code). (7) SMART grant The term SMART grant means a grant provided to an eligible entity under the Strengthening Mobility and Revolutionizing Transportation Grant Program established under subsection (b). (b) Establishment of program The Secretary shall establish a program, to be known as the Strengthening Mobility and Revolutionizing Transportation Grant Program , under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety. (c) Distribution In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1). (d) Applications (1) In general An eligible entity may submit to the Secretary an application for a SMART grant at such time, in such manner, and containing such information as the Secretary may require. (2) Transparency The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated. (3) Selection criteria (A) In general The Secretary shall evaluate applications for SMART grants based on— (i) the extent to which the eligible entity or applicable beneficiary community— (I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency; (II) has a population density and transportation needs conducive to demonstrating proposed strategies; (III) has continuity of committed leadership and the functional capacity to carry out the proposed project; (IV) is committed to open data sharing with the public; and (V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and (ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will— (I) reduce congestion and delays for commerce and the traveling public; (II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public; (III) improve access to jobs, education, and essential services, including health care; (IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs; (V) contribute to medium- and long-term economic competitiveness; (VI) improve the reliability of existing transportation facilities and systems; (VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems; (VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable; (IX) improve energy efficiency or reduce pollution; (X) increase the resiliency of the transportation system; and (XI) improve emergency response. (B) Priority In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would— (i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled; (ii) encourage public and private sharing of data and best practices; (iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability; (iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups; (v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices; (vi) encourage the adoption of smart city or community technologies by communities; (vii) promote industry practices regarding cybersecurity; and (viii) safeguard individual privacy. (4) Technical assistance On request of an eligible entity that submitted an application under paragraph (1) with respect to a project that is not selected for a SMART grant, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. (e) Use of grant funds (1) Eligible projects (A) In general A SMART grant may be used to carry out a project that demonstrates at least 1 of the following: (i) Coordinated automation The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel. (ii) Connected vehicles Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity. (iii) Intelligent, sensor-based infrastructure The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance. (iv) Systems integration The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies. (v) Commerce delivery and logistics Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs. (vi) Leveraging use of innovative aviation technology Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection. (vii) Smart grid Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency. (viii) Smart technology traffic signals Improving the active management and functioning of traffic signals, including through— (I) the use of automated traffic signal performance measures; (II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies; (III) replacing outdated traffic signals; or (IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology. (2) Eligible project costs A SMART grant may be used for— (A) development phase activities, including— (i) planning; (ii) feasibility analyses; (iii) revenue forecasting; (iv) environmental review; (v) permitting; (vi) preliminary engineering and design work; (vii) systems development or information technology work; and (viii) acquisition of real property (including land and improvements to land relating to an eligible project); and (B) construction phase activities, including— (i) construction; (ii) reconstruction; (iii) rehabilitation; (iv) replacement; (v) environmental mitigation; (vi) construction contingencies; and (vii) acquisition of equipment, including vehicles. (3) Prohibited uses A SMART grant shall not be used— (A) to reimburse any preaward costs or application preparation costs of the SMART grant application; (B) for any traffic or parking enforcement activity; or (C) to purchase or lease a license plate reader. (f) Reports (1) Eligible entities Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes— (A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and (B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including— (i) data describing the means by which the eligible project met the specific goals for the project, such as— (I) reducing traffic-related fatalities and injuries; (II) reducing traffic congestion or improving travel-time reliability; (III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or (IV) reducing barriers or improving access to jobs, education, or various essential services; (ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and (iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (2) GAO Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a review of the SMART grant program under this section. (3) Secretary (A) Report to congress Not later than 2 years after the date on which the initial SMART grants are provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (i) describes each eligible entity that received a SMART grant; (ii) identifies the amount of each SMART grant provided; (iii) summarizes the intended uses of each SMART grant; (iv) describes the effectiveness of eligible entities in meeting the goals described in the SMART grant application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and (v) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (B) Best practices The Secretary shall— (i) develop and regularly update best practices based on, among other information, the data, lessons learned, and feedback from eligible entities that received SMART grants; (ii) publish the best practices under clause (i) on a publicly available website; and (iii) update the best practices published on the website under clause (ii) regularly. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which— (A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities; (B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and (C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships. (2) Administrative costs Of the amounts made available under paragraph (1) for each fiscal year, not more than 2 percent shall be used for administrative costs of the Secretary in carrying out this section. (3) Limitation An eligible entity may not use more than 3 percent of the amount of a SMART grant for each fiscal year to achieve compliance with applicable planning and reporting requirements. (4) Availability The amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the 2-fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated. 6. Electric vehicle working group (a) Definitions In this section: (1) Secretaries The term Secretaries means— (A) the Secretary; and (B) the Secretary of Energy. (2) Working group The term working group means the electric vehicle working group established under subsection (b)(1). (b) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development, adoption, and integration of light-, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States. (2) Membership (A) In general The working group shall be composed of— (i) the Secretaries (or designees), who shall be co-chairs of the working group; and (ii) not more than 25 members, to be appointed by the Secretaries, of whom— (I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and (II) not more than 19 shall be non-Federal stakeholders as described in subparagraph (C). (B) Federal stakeholders The working group— (i) shall include not fewer than 1 representative of each of— (I) the Department; (II) the Department of Energy; (III) the Environmental Protection Agency; (IV) the Council on Environmental Quality; and (V) the General Services Administration; and (ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate. (C) Non-federal stakeholders (i) In general Subject to clause (ii), the working group— (I) shall include not fewer than 1 representative of each of— (aa) a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles; (bb) a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles; (cc) a manufacturer of electric vehicle batteries; (dd) an owner, operator, or manufacturer of electric vehicle charging equipment; (ee) the public utility industry; (ff) a public utility regulator or association of public utility regulators; (gg) the transportation fueling distribution industry; (hh) the energy provider industry; (ii) the automotive dealing industry; (jj) the for-hire passenger transportation industry; (kk) an organization representing units of local government; (ll) an organization representing regional transportation or planning agencies; (mm) an organization representing State departments of transportation; (nn) an organization representing State departments of energy or State energy planners; (oo) the intelligent transportation systems and technologies industry; (pp) labor organizations representing workers in transportation manufacturing, construction, or operations; (qq) the trucking industry; (rr) Tribal governments; and (ss) the property development industry; and (II) may include a representative of any other non-Federal stakeholder that the Secretaries consider to be appropriate. (ii) Requirement The stakeholders selected under clause (i) shall, in the aggregate— (I) consist of individuals with a balance of backgrounds, experiences, and viewpoints; and (II) include individuals that represent geographically diverse regions of the United States, including individuals representing the perspectives of rural, urban, and suburban areas. (D) Compensation A member of the working group shall serve without compensation. (3) Meetings (A) In general The working group shall meet not less frequently than once every 120 days. (B) Remote participation A member of the working group may participate in a meeting of the working group via teleconference or similar means. (4) Coordination In carrying out the duties of the working group, the working group shall coordinate and consult with any existing Federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles. (c) Reports and strategy on electric vehicle adoption (1) Working group reports The working group shall complete by each of the deadlines described in paragraph (2) a report describing the status of electric vehicle adoption including— (A) a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the United States, including recommendations for issues relating to— (i) consumer behavior; (ii) charging infrastructure needs, including standardization and cybersecurity; (iii) manufacturing and battery costs, including the raw material shortages for batteries and electric motor magnets; (iv) the adoption of electric vehicles for low- and moderate-income individuals and underserved communities, including charging infrastructure access and vehicle purchase financing; (v) business models for charging personal electric vehicles outside the home, including wired and wireless charging; (vi) charging infrastructure permitting and regulatory issues; (vii) the connections between housing and transportation costs and emissions; (viii) freight transportation, including local, port and drayage, regional, and long-haul trucking; (ix) intercity passenger travel; (x) the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements; (xi) State- and local-level policies, incentives, and zoning efforts; (xii) the installation of highway corridor signage; (xiii) secondary markets and recycling for batteries; (xiv) grid capacity and integration; (xv) energy storage; and (xvi) specific regional or local issues that may not appear to apply throughout the United States, but may hamper nationwide adoption or coordination of electric vehicles; (B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption; (C) an analysis of current efforts to overcome the barriers described in subparagraph (A); (D) an analysis of the estimated costs and benefits of any recommendations of the working group; and (E) any other topics, as determined by the working group. (2) Deadlines A report under paragraph (1) shall be submitted to the Secretaries, the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives— (A) in the case of the first report, by not later than 18 months after the date on which the working group is established under subsection (b)(1); (B) in the case of the second report, by not later than 2 years after the date on which the first report is required to be submitted under subparagraph (A); and (C) in the case of the third report, by not later than 2 years after the date on which the second report is required to be submitted under subparagraph (B). (3) Strategy (A) In general Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can— (i) establish quantitative targets for transportation electrification; (ii) overcome the barriers described in paragraph (1)(A); (iii) identify areas of opportunity in research and development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire risks, and battery performance for electric vehicles; (iv) enhance Federal interagency coordination to promote electric vehicle adoption; (v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers; (vi) expand electric vehicle and charging infrastructure; (vii) expand knowledge of the benefits of electric vehicles among the general public; (viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets; (ix) provide clarity in regulations to improve national uniformity with respect to electric vehicles; and (x) ensure the sustainable integration of electric vehicles into the national electric grid. (B) Notice and comment In carrying out subparagraph (A), the Secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph. (4) Information (A) In general The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1). (B) Use of existing information In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information— (i) to prevent duplication of efforts by the Federal Government; and (ii) to leverage existing information and complementary efforts. (d) Coordination To the maximum extent practicable, the Secretaries and the working group shall carry out this section using all available existing resources, websites, and databases of Federal agencies, such as— (1) the Alternative Fuels Data Center; (2) the Energy Efficient Mobility Systems program; and (3) the Clean Cities Coalition Network. (e) Termination The working group shall terminate on submission of the third report required under subsection (c)(2)(C). 7. National electric vehicle program In addition to amounts otherwise available, out of any money in the Treasury not otherwise appropriated, there is appropriated to the Secretary in equal amounts for each of fiscal years 2022 through 2026, to remain available until expended, $5,000,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, to carry out a National Electric Vehicle Formula Program (referred to in this section as the Program ) to provide funding to States to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability: Provided , That funds made available under this section shall be used for: (1) the acquisition and installation of electric vehicle charging infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability; (2) proper operation and maintenance of electric vehicle charging infrastructure; and (3) data sharing about electric vehicle charging infrastructure to ensure the long-term success of investments made under this section: Provided further , That for each of fiscal years 2022 through 2026, the Secretary shall distribute among the States the funds made available under this section so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined for the State under subsection (c) of section 104 or under section 165 of title 23, United States Code, bears to the total base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United States Code: Provided further , That the Federal share payable for the cost of a project funded under this section shall be 80 percent: Provided further , That the Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires (to be made available on the Department’s website), describing how such State intends to use funds distributed to the State under this section to carry out the Program for each fiscal year in which funds are made available: Provided further , That, not later than 120 days after the deadline established in the preceding proviso, the Secretary shall make publicly available on the Department’s website and submit to the House Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, and the House and Senate Committees on Appropriations, a report summarizing each plan submitted by a State to the Department and an assessment of how such plans make progress towards the establishment of a national network of electric vehicle charging infrastructure: Provided further , That if a State fails to submit the plan required under the fourth proviso of this section to the Secretary by the date specified in such proviso, or if the Secretary determines a State has not taken action to carry out its plan, the Secretary may withhold or withdraw, as applicable, funds made available under this section for the fiscal year from the State and award such funds on a competitive basis to local jurisdictions within the State for use on projects that meet the eligibility requirements under this section: Provided further , That, prior to the Secretary making a determination that a State has not taken actions to carry out its plan, the Secretary shall notify the State, consult with the State, and identify actions that can be taken to rectify concerns, and provide at least 90 days for the State to rectify concerns and take action to carry out its plan: Provided further , That the Secretary shall provide notice to a State on the intent to withhold or withdraw funds not less than 60 days before withholding or withdrawing any funds, during which time the States shall have an opportunity to appeal a decision to withhold or withdraw funds directly to the Secretary: Provided further , That if the Secretary determines that any funds withheld or withdrawn from a State under the preceding proviso cannot be fully awarded to local jurisdictions within the State under the preceding proviso in a manner consistent with the purpose of this section, any such funds remaining shall be distributed among other States (except States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso) in the same manner as funds distributed for that fiscal year under the second proviso under this section, except that the ratio shall be adjusted to exclude States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso: Provided further , That funds distributed under the preceding proviso shall only be available to carry out this section: Provided further , That funds made available under this section may be used to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure and the private entity may pay the non-Federal share of the cost of a project funded under this section: Provided further , That funds made available under this section shall be for projects directly related to the charging of a vehicle and only for electric vehicle charging infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than one company: Provided further , That any electric vehicle charging infrastructure acquired or installed with funds made available under this section shall be located along a designated alternative fuel corridor: Provided further , That no later than 90 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy electric vehicle charging infrastructure, consistent with this section: Provided further , That the Secretary, in coordination with the Secretary of Energy, shall consider the following in developing the guidance described in the preceding proviso: (1) the distance between publicly available electric vehicle charging infrastructure; (2) connections to the electric grid, including electric distribution upgrades; vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the grid; alignment with electric distribution interconnection processes, and plans for the use of renewable energy sources to power charging and energy storage; (3) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this section; (4) the need for publicly available electric vehicle charging infrastructure in rural corridors and underserved or disadvantaged communities; (5) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure; (6) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives; (7) fostering enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure; (8) meeting current and anticipated market demands for electric vehicle charging infrastructure, including with regard to power levels and charging speed, and minimizing the time to charge current and anticipated vehicles; and (9) any other factors, as determined by the Secretary: Provided further , That if a State determines, and the Secretary certifies, that the designated alternative fuel corridors in the States are fully built out, then the State may use funds provided under this section for electric vehicle charging infrastructure on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity: Provided further , That subject to the minimum standards and requirements established under the following proviso, funds made available under this section may be used for: (1) the acquisition or installation of electric vehicle charging infrastructure; (2) operating assistance for costs allocable to operating and maintaining electric vehicle charging infrastructure acquired or installed under this section, for a period not to exceed five years; (3) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure acquired, installed, or operated under this section; (4) on-premises signs to provide information about electric vehicle charging infrastructure acquired, installed, or operated under this section; (5) development phase activities relating to the acquisition or installation of electric vehicle charging infrastructure, as determined by the Secretary; or (6) mapping and analysis activities to evaluate, in an area in the United States designated by the eligible entity, the locations of current and future electric vehicle owners, to forecast commuting and travel patterns of electric vehicles and the quantity of electricity required to serve electric vehicle charging stations, to estimate the concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers, to estimate future needs for electric vehicle charging stations to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies, and to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations: Provided further , That not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy and in consultation with relevant stakeholders, shall, as appropriate, develop minimum standards and requirements related to: (1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this section; (2) the interoperability of electric vehicle charging infrastructure under this section; (3) any traffic control device or on-premises sign acquired, installed, or operated under this section; (4) any data requested by the Secretary related to a project funded under this section, including the format and schedule for the submission of such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications: Provided further , That not later than 1 year after the date of enactment of this Act, the Secretary shall designate national electric vehicle charging corridors that identify the near- and long-term need for, and the location of, electric vehicle charging infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network established under section 167 of title 23, United States Code, and goods movement locations including ports, intermodal centers, and warehousing locations: Provided further , That the report issued under section 151(e) of title 23, United States Code, shall include a description of efforts to achieve strategic deployment of electric vehicle charging infrastructure in electric vehicle charging corridors, including progress on the implementation of the Program under this section: Provided further , That, for fiscal year 2022, before distributing funds made available under this section to States, the Secretary shall set aside from funds made available under this section to carry out this section not more than $300,000,000, which may be transferred to the Joint Office described in the twenty-fourth proviso of this section, to establish such Joint Office and carry out its duties under this section: Provided further , That, for each of fiscal years 2022 through 2026, after setting aside funds under the preceding proviso, and before distributing funds made available under this section to States, the Secretary shall set aside from funds made available under this section for such fiscal year to carry out this section 10 percent should go to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure: Provided further , That not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to administer to States or localities the amounts set aside under the preceding proviso: Provided further , That, except as otherwise specified under this section, funds made available under this section, other than funds transferred under the nineteenth proviso of this section to the Joint Office, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further , That funds made available under this section shall not be transferable under section 126 of title 23, United States Code: Provided further , That there is established a Joint Office of Energy and Transportation (referred to in this section as the Joint Office ) in the Department and the Department of Energy to study, plan, coordinate, and implement issues of joint concern between the two agencies, which shall include: (1) technical assistance related to the deployment, operation, and maintenance of zero emission vehicle charging and refueling infrastructure, renewable energy generation, vehicle-to-grid integration, including microgrids, and related programs and policies; (2) data sharing of installation, maintenance, and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure; (3) performance of a national and regionalized study of zero emission vehicle charging and refueling infrastructure needs and deployment factors, to support grants for community resilience and electric vehicle integration; (4) development and deployment of training and certification programs; (5) establishment and implementation of a program to promote renewable energy generation, storage, and grid integration, including microgrids, in transportation rights-of-way; (6) studying, planning, and funding for high-voltage distributed current infrastructure in the rights-of-way of the Interstate System and for constructing high-voltage and or medium-voltage transmission pilots in the rights-of-way of the Interstate System; (7) research, strategies, and actions under the Departments’ statutory authorities to reduce transportation-related emissions and mitigate the effects of climate change; (8) development of a streamlined utility accommodations policy for high-voltage and medium-voltage transmission in the transportation right-of-way; and (9) any other issues that the Secretary and the Secretary of Energy identify as issues of joint interest: Provided further , That the Joint Office of Energy and Transportation shall establish and maintain a public database, accessible on both Department and Department of Energy websites, that includes: (1) information maintained on the Alternative Fuel Data Center by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging stations identified by eligible entities through the program; and (3) the ability to sort generated results by various characteristics with respect to electric vehicle charging stations, including location, in terms of the State, city, or county; status (operational, under construction, or planned); and charging type, in terms of Level 2 charging equipment or Direct Current Fast Charging Equipment: Provided further , That the Secretary and the Secretary of Energy shall cooperatively administer the Joint Office consistent with this section: Provided further , That the Secretary and the Secretary of Energy may transfer funds between the Department and the Department of Energy from funds provided under this section to establish the Joint Office and to carry out its duties under this section and any such funds or portions thereof transferred to the Joint Office may be transferred back to and merged with this account: Provided further , That the Secretary and the Secretary of Energy shall notify the House and Senate Committees on Appropriations not less than 15 days prior to transferring any funds under the previous proviso: Provided further , That for the purposes of funds made available under this section: (1) the term State has the meaning given such term in section 101 of title 23, United States Code; and (2) the term Federal-aid highway means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector. 8. Public transportation (a) In general Section 5302(3)(G) of title 49, United States Code, is amended— (1) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (2) by inserting after clause (iii) the following: (iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment; ; (3) in clause (vi) (as so redesignated)— (A) in subclause (XIII), by striking and at the end; (B) in subclause (XIV), by adding and after the semicolon; and (C) by adding at the end the following: (XV) technology to fuel a zero-emission vehicle; . (b) Conforming amendments (1) Section 5336(e) of title 49, United States Code, is amended by striking , as defined in section 5302(4) . (2) Section 28501(4) of title 49, United States Code, is amended by striking section 5302(a)(6) and inserting section 5302 . 9. State energy conservation plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended by striking paragraph (3) and inserting the following: (3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles; . 10. Transportation workforce development (a) Assessment The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall develop and submit to the Secretary a workforce needs assessment that— (1) addresses— (A) the education and recruitment of technical workers for the intelligent transportation technologies and systems industry; (B) the development of a workforce skilled in various types of intelligent transportation technologies, components, infrastructure, and equipment, including with respect to— (i) installation; (ii) maintenance; (iii) manufacturing; (iv) operations, including data analysis and review; and (v) cybersecurity; and (C) barriers to employment in the intelligent transportation technologies and systems industry for— (i) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )); (ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); and (iii) individuals that represent populations that are traditionally underrepresented in the workforce; and (2) includes recommendations relating to the issues described in paragraph (1). (b) Working group (1) Establishment The Secretary shall establish a working group, to be composed of— (A) the Secretary of Energy; (B) the Secretary of Labor; and (C) the heads of such other Federal agencies as the Secretary determines to be necessary. (2) Implementation plan (A) In general The working group established under paragraph (1) shall develop an intelligent transportation technologies and systems industry workforce development implantation plan. (B) Requirements The implementation plan under subparagraph (A) shall address any issues and recommendations included in the needs assessment under subsection (a), taking into consideration a whole-of-government approach with respect to— (i) using registered apprenticeship and preapprenticeship programs; and (ii) re-skilling workers who may be interested in working within the intelligent transportation technologies and systems industry. (3) Submission to congress Not later than 1 year after the date of receipt of the needs assessment under subsection (a), the Secretary shall submit to Congress the implementation plan developed under paragraph (2). (4) Termination The working group established under paragraph (1) shall terminate on the date on which the implementation plan developed under paragraph (2) is submitted to Congress under paragraph (3). (c) Transportation workforce outreach program (1) In general Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: 5506. Transportation workforce outreach program (a) In general The Secretary of Transportation (referred to in this section as the Secretary ) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026. (b) Purposes The purpose of the campaigns carried out under the program under this section shall be— (1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and (2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), veteran status, and socioeconomic status. (c) Advertising The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section. (d) Funding The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026. . (2) Clerical amendment The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: 5506. Transportation workforce outreach program. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3067is/xml/BILLS-117s3067is.xml
|
117-s-3068
|
II 117th CONGRESS 1st Session S. 3068 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Markey (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support stability across the Taiwan Strait.
1. Short titles This Act may be cited as the Taiwan Actions Supporting Security by Undertaking Regular Engagements Act or the Taiwan ASSURE Act . 2. Findings Congress makes the following findings: (1) Consistent with the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ), the United States has grown its strategic partnership with Taiwan’s vibrant democracy of 23,000,000 people. (2) Section 2(b) of the Taiwan Relations Act ( 22 U.S.C. 3301(b) ) declares that it is the policy of the United States— (A) to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area ; and (B) to declare that peace and stability in the [Western Pacific] area are in the political, security, and economic interests of the United States, and are matters of international concern . (3) In recent years, the Government of the People’s Republic of China (PRC) has intensified its efforts to diplomatically isolate and intimidate Taiwan through— (A) punitive economic measures; (B) increased military provocations; and (C) exertions of malign influence to undermine democracy in Taiwan. (4) To ensure the durability of the United States policy under the Taiwan Relations Act ( Public Law 115–409 ), it is necessary— (A) to reinforce— (i) Taiwan’s international participation; (ii) Taiwan’s global economic integration; and (iii) the credibility of Taiwan’s military deterrent; and (B) to simultaneously take measures to reduce the risk of miscalculation among the PRC, the United States, and Taiwan. (5) Taiwan’s meaningful participation in international organizations in which statehood is not a requirement benefits the global community, as evidenced by the fact that Taiwan was the first to inform the World Health Organization of cases of atypical pneumonia reported in Wuhan, China, on December 31, 2019. (6) Despite the COVID–19 pandemic creating an opportunity for the Government of the PRC to launch a disinformation campaign aimed at sowing internal social division and undermining confidence in the response of Taiwanese authorities, Taiwan has been overwhelmingly successful in controlling the pandemic. (7) The Global Cooperation and Training Framework, a United States-Taiwan-Japan platform for Taiwan to share its expertise with the world, has sponsored nearly 30 workshops since 2015 to share Taiwan’s knowledge on issues such as addressing COVID–19 misinformation, disaster relief, women’s empowerment, and good governance. (8) Section 2(b)(2) of the Taiwan Relations Act ( 22 U.S.C. 3301(b)(2) ) states it is the policy of the United States to declare that peace and stability in the [Western Pacific] area are in the political, security, and economic interests of the United States, and are matters of international concern . (9) The PRC’s recent military activities around Taiwan, including conducting 10 transits and military exercises near Taiwan since January 2021 and 380 sorties into Taiwan’s Air Defense Identification Zone in 2020 (the greatest number since 1996), have destabilized Northeast Asia. (10) Increased air and sea activity in and around the Taiwan Strait and the East China Sea by the PRC, Taiwan, the United States, and Japan increase the likelihood of accidents that may— (A) escalate tensions around Taiwan; and (B) undermine the stability across the Taiwan Strait and regional peace in the Northeast Asia. 3. Sense of Congress It is the sense of Congress that— (1) United States engagement with Taiwan should focus on actions, activities, and programs that mutually benefit the United States and Taiwan; (2) the United States should prioritize— (A) people-to-people exchanges; (B) bilateral and multilateral economic cooperation; and (C) assisting Taiwan’s efforts to participate in international institutions; (3) the United States should pursue new engagement initiatives with Taiwan, such as— (A) enhancing cooperation on science and technology; (B) joint infrastructure development in third countries; (C) renewable energy and environmental sustainability development; and (D) investment screening coordination; (4) the United States should expand its financial support for the Global Cooperation and Training Framework, and encourage like-minded countries to co-sponsor workshops, to showcase Taiwan’s capacity to contribute to solving global challenges in the face of the Government of the PRC’s campaign to isolate Taiwan in the international community; (5) to advance the goals of the April 2021 Department of State guidance expanding unofficial United States-Taiwan contacts, the United States, Taiwan, and Japan should aim to host Global Cooperation and Training Framework workshops timed to coincide with plenaries and other meetings of international organizations in which Taiwan is unable to participate; (6) the United States should support efforts to engage regional counterparts in Track 1.5 and Track 2 dialogues on the stability across the Taiwan Strait, which are important for increasing strategic awareness amongst all parties and the avoidance of conflict; (7) United States arms sales to Taiwan should support Taiwan’s asymmetric defense capabilities, as outlined in Taiwan’s Overall Defense Concept, and improve Taiwan’s military deterrent; (8) bilateral confidence-building measures and crisis stability dialogues between the United States and the PRC are important mechanisms for maintaining deterrence and stability across the Taiwan Strait and should be prioritized; and (9) the United States and the PRC should prioritize the use of a fully operational military crisis hotline to provide a mechanism for the leadership of the two countries to communicate directly in order to quickly resolve misunderstandings that could lead to military escalation. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Armed Services of the House of Representatives . (2) China; PRC The terms China and PRC mean the People’s Republic of China. (3) Taiwan authorities The term Taiwan authorities means officials of the Government of Taiwan. 5. Authorization of appropriations for the Global Cooperation and Training Framework There are authorized to be appropriated for the Global Cooperation and Training Framework under the Economic Support Fund authorized under section 531 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 ), $6,000,000 for each of the fiscal years 2022 through 2025, which may be expended for trainings and activities that increase Taiwan’s economic and international integration. 6. Enhancing partnership (a) National guard partnership program (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the appropriate Taiwan authorities, shall submit a report to the appropriate congressional committees regarding the feasibility and advisability of establishing a National Guard partnership program between United States National Guard forces and the Armed Forces Reserve Command of Taiwan (referred to in this section as Taiwan’s Reserve Command ). (2) Objectives The report required under paragraph (1) shall examine how the establishment of a National Guard partnership program would— (A) advance Taiwan’s Reserve Command’s ability to recruit, train, and equip its forces, including its ability to require and provide regular individual and collective training to all reserve forces; (B) cultivate relationships among United States and Taiwan reserve forces at the tactical, operational, and strategic levels; (C) enhance Taiwan’s ability to respond to humanitarian disasters; and (D) strengthen Taiwan’s ability to defend against outside military aggression. (3) Contents The report required under paragraph (1) shall include— (A) a comprehensive assessment of the policy opportunities and drawbacks associated with establishing a National Guard partnership program; (B) an assessment of any statutory or administrative barriers to establishing such a program, including a determination of the feasibility and advisability of— (i) modifying existing National Guard partnership authorities; or (ii) establishing new authorities, as appropriate; (C) an evaluation of the capacity of— (i) United States National Guard forces to support such a program; and (ii) Taiwan’s Reserve Command forces to absorb such a program; (D) a determination of the most appropriate entities within the Department of Defense and Taiwan’s Reserve Command to lead such a program; and (E) a determination of additional resources and authorities that may be required to execute such a program. (4) Form of report The report required under paragraph (1) shall be unclassified, but may include a classified annex if the Secretary of Defense and the Secretary of State determine that the inclusion of a classified annex is appropriate. (b) Taiwan’s asymmetric defense strategy Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a classified report, with an unclassified summary, assessing the implementation of Taiwan’s asymmetric defense strategy, including the priorities identified in Taiwan’s Overall Defense Concept. 7. Supporting confidence building measures and stability dialogues (a) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, shall submit an unclassified report, with a classified annex, to the appropriate congressional committees that includes— (1) a description of all military-to-military dialogues and confidence-building measures between the United States and the PRC during the 10-year period ending on the date of the enactment of this Act; (2) a description of all bilateral and multilateral diplomatic engagements with the PRC in which cross-Strait issues were discussed during such 10-year period, including Track 1.5 and Track 2 dialogues; (3) a description of the efforts in the year preceding the submission of the report to conduct engagements described in paragraphs (1) and (2); and (4) a description of how and why the engagements described in paragraphs (1) and (2) have changed in frequency or substance during such 10-year period. (b) Authorization of appropriations There are authorized to be appropriated for the Department of State, and, as appropriate, the Department of Defense, no less than $2,000,000 for each of the fiscal years 2022 through 2025, which shall be used to support existing Track 1.5 and Track 2 strategic dialogues facilitated by independent nonprofit organizations in which participants meet to discuss cross-Strait stability issues.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3068is/xml/BILLS-117s3068is.xml
|
117-s-3069
|
II 117th CONGRESS 1st Session S. 3069 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Klobuchar (for herself, Mr. Portman , Ms. Stabenow , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reauthorize the Great Lakes Fish and Wildlife Restoration Act of 1990, and for other purposes.
1. Short title This Act may be cited as the Great Lakes Fish and Wildlife Restoration Reauthorization Act of 2021 . 2. Reauthorization of the Great Lakes Fish and Wildlife Restoration Act of 1990 (a) Reports Section 1008 of the Great Lakes Fish and Wildlife Restoration Act of 1990 ( 16 U.S.C. 941f ) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by inserting and not later than December 31, 2027, after 2021, ; (B) by striking Committee on Resources and inserting Committee on Natural Resources ; and (C) by inserting , with respect to the period covered by the report after describes ; and (2) in subsection (b), in the matter preceding paragraph (1), by striking 2016 through 2020 and inserting 2022 through 2027 . (b) Reauthorization Section 1009(a) of the Great Lakes Fish and Wildlife Restoration Act of 1990 ( 16 U.S.C. 941g(a) ) is amended, in the matter preceding paragraph (1), by striking 2016 through 2021 and inserting 2022 through 2027 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3069is/xml/BILLS-117s3069is.xml
|
117-s-3070
|
II 117th CONGRESS 1st Session S. 3070 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Schatz (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the retirement security of American families by increasing Social Security benefits for current and future beneficiaries while making Social Security stronger for future generations.
1. Short title; table of contents (a) Short title This Act may be cited as the Safeguarding American Families and Expanding Social Security Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Determination of taxable wages and self-employment income above contribution and benefit base after 2021. Sec. 3. Adjustments to primary insurance amount formula and inclusion of surplus earnings for benefit determinations. Sec. 4. Increase in benefit amounts for long-term eligible individuals. Sec. 5. Computation of cost-of-living increases for Social Security benefits; consumer price index for elderly consumers. Sec. 6. Deemed wages for caregivers of dependent relatives. Sec. 7. Increase in minimum benefit for lifetime low earners based on years in the workforce. Sec. 8. Elimination of disability waiting period for disability insurance benefits and surviving spouse benefits. Sec. 9. Tax on investment gain. Sec. 10. Holding SSI, Medicaid, and CHIP beneficiaries harmless. 2. Determination of taxable wages and self-employment income above contribution and benefit base after 2021 (a) Determination of taxable wages above contribution and benefit base after 2021 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of before that part of the remuneration ; and (B) in subsection (c), by striking (c) Included and excluded service.— For purposes of this chapter, if and inserting the following: (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining taxable wages For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to— (A) for 2022, 80 percent; (B) for 2023 through 2025, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and (C) for 2026 and each year thereafter, 0 percent. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (I)— (I) by inserting and before 2022 after 1974 ; and (II) by inserting and after the semicolon; (ii) by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2021 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (B) by adding at the end the following new subsection: (l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to— (1) for 2022, 80 percent; (2) for 2023 through 2025, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and (3) for 2026 and each year thereafter, 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2021. (b) Determination of taxable self-Employment income above contribution and benefit base after 2021 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(1), by striking that part of the net earnings and all that follows through minus and inserting the following: an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and ; and (B) in subsection (d)— (i) by striking (d) Employee and wages.— The term and inserting the following: (d) Rules and definitions (1) Employee and wages The term ; and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining taxable self-employment income For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such subsection shall be equal to— (A) for 2022, 80 percent; (B) for 2023 through 2025, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and (C) for 2026 and each year thereafter, 0 percent. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(I)— (I) by striking or after the semicolon; and (II) by inserting and before 2022 after 1974 ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) For any taxable year beginning in any calendar year after 2021, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between— (A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and (B) the amount of the wages paid to such individual during such taxable year; or ; and (B) by adding at the end the following: (l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to— (1) for 2022, 80 percent; (2) for 2023 through 2025, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and (3) for 2026 and each year thereafter, 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning after calendar year 2021. 3. Adjustments to primary insurance amount formula and inclusion of surplus earnings for benefit determinations (a) Increase in percentage factor for lowest portion of earnings used to determine primary insurance amounts Section 215(a)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A)(i) ) is amended by striking 90 percent and inserting 95 percent . (b) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts (1) In general Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended— (A) in clauses (i), (ii), and (iii), by inserting basic before average indexed monthly earnings each place it appears; (B) in clause (ii), by striking and at the end; (C) in clause (iii), by adding and at the end; and (D) by inserting after clause (iii) the following new clause: (iv) 5 percent of the individual’s surplus average indexed monthly earnings, . (2) Bend point adjustments Section 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (A) in clause (i), by inserting For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2022, the amount established for purposes of clause (ii) of subparagraph (A) shall be $6,300. after the period; (B) in clause (ii)— (i) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (ii) by striking For individuals and inserting (I) Subject to subclause (II), for individuals ; and (iii) by adding at the end the following new subclause: (II) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2022, the amount established for purposes of clause (ii) of subparagraph (A) shall equal the product of the amount established with respect to calendar year 2022 under clause (i) of this subparagraph and the quotient obtained by dividing— (aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by (bb) the national average wage index (as so defined) for 2020. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following new clause: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2026, the amount determined under clause (ii) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by— (I) for calendar year 2027, 1 percent; (II) for each of calendar years 2028 through 2040, the percent determined under this clause for the preceding year increased by 1 percentage point; and (III) for calendar year 2041 and each year thereafter, 15 percent. . (3) Recomputation of benefits for existing beneficiaries Section 215(f) of the Social Security Act ( 42 U.S.C. 415(f) ) is amended by adding at the end the following new paragraph: (10) Recomputation of primary insurance amount for individuals who became eligible for benefits before 2022 (A) The Commissioner of Social Security shall recompute the primary insurance amounts applicable to beneficiaries whose benefits are based on a primary insurance amount that was computed under this section effective prior to January 2022. Such recomputation shall be effective January 2022. (B) In recomputing the primary insurance amount applicable to a beneficiary under this paragraph, the Commissioner of Social Security shall calculate the primary insurance amount of the individual under subsection (a)(1) as in effect on the date that such primary insurance amount was initially computed, except that the Commissioner shall substitute for the amount that applied under subparagraph (B)(ii) of such subsection on such date an amount equal to the product of— (i) the amount that applied under such subparagraph on such date; and (ii) the ratio of— (I) 6,300; to (II) 6,002. (C) Each amount determined under subparagraph (B) shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. (D) If a primary insurance amount applicable to a beneficiary, as recomputed under this paragraph, is lower than the primary insurance amount applicable to such beneficiary as it was originally computed, such higher primary insurance amount shall continue to apply to such beneficiary. . (c) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) ) is amended— (A) by inserting basic before average ; and (B) in subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and by inserting before the comma the following: to the extent such total does not exceed the contribution and benefit base for the applicable year . (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by striking An individual's and inserting (A) An individual's ; and (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings and inserting Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings . (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) ) is amended— (A) in subparagraph (A)— (i) by striking subparagraph (B) and inserting subparagraph (C) and; (ii) by inserting and determination of basic average indexed monthly income under paragraph (1)(A) after paragraph (2) ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2026. 4. Increase in benefit amounts for long-term eligible individuals (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended by adding at the end the following new subsection: (aa) Increase in benefit amounts for long-term eligible individuals (1) In general The amount of a monthly benefit which is payable to an individual for a month under subsections (a) through (h) or section 223(a) (as determined without regard to this subsection) shall be increased by 5 percent if the individual is a long-term eligible individual during any part of such month. (2) Long-term eligible individual defined (A) In general The term long-term eligible individual means an individual who— (i) is entitled to a monthly benefit under subsections (a) through (h) or section 223(a); and (ii) has attained 82 years of age or 240 benefit months (as defined in subparagraph (B)), whichever is earlier. (B) Benefit month (i) In general For purposes of subparagraph (A), the term benefit month means a month for which an individual— (I) has attained age 19; and (II) is entitled to a monthly benefit under subsections (a) through (h) of section 202 or section 223(a). (ii) Exclusions Such term excludes any month in which an individual is— (I) entitled to a benefit under this section or section 223(a) that is not payable or reduced to zero by application of subsection (k), (n), (t), (u), (v), or (x) of this section; or (II) subject to a penalty under section 1129A. (3) Disregard of increase for purposes of family maximum The amount of any increase under this subsection to a monthly benefit amount of a long-term eligible individual shall be disregarded for purposes of applying section 203(a). . (b) Conforming amendments (1) Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (A) in subsection (a), by striking subsection (q) and subsection (w) and inserting subsections (q), (w), and (aa) ; (B) in subsections (b)(2) and (c)(2), by striking subsections (k)(5) and (q) and inserting subsections (k)(5), (q), and (aa) ; (C) in subsection (d)(2), by striking Such child's each place it appears and inserting Subject to subsection (aa), such child's ; (D) in subsections (e)(2)(A) and (f)(2)(A), by inserting subsection (aa), after subsection (q), ; (E) in subsection (g)(2), by striking Such mother's or father's and inserting Subject to subsection (aa), such mother's or father's ; and (F) in subsection (h)(2)(A), by inserting subsection (aa) and before subparagraphs (B) and (C) . (2) Section 223(a)(2) of the Social Security Act ( 42 U.S.C. 423(a)(2) ) is amended— (A) in the matter preceding subparagraph (A), by striking section 202(q) and inserting subsections (q) and (aa) of section 202 ; and (B) in subparagraph (B), by striking clause (ii) and inserting subdivision (ii) or (iii) of the matter following subparagraph (E) . (c) Effective date The amendments made by this section shall apply to benefits payable for months in any calendar year after 2026. 5. Computation of cost-of-living increases for Social Security benefits; consumer price index for elderly consumers (a) Computation of cost-of-Living increases (1) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended— (A) in paragraph (1)(G), by inserting before the period the following: , and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index ; and (B) in paragraph (4)— (i) by striking and by section 9001 and inserting , by section 9001 ; and (ii) by striking 1986, and inserting 1986, and by section 5(a) of the Safeguarding American Families and Expanding Social Security Act of 2021 , . (2) Conforming amendments in applicable former law Section 215(i)(1)(C) of the Social Security Act , as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index . (3) Effective date The amendments made by this subsection shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act ( 42 U.S.C. 415(i)(2) ) with respect to cost-of-living computation quarters ending on or after September 30, 2022. (b) Consumer price index for elderly consumers (1) In general The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act ( 42 U.S.C. 416(l)(2) ) for purposes of an old-age, wife's, or husband's insurance benefit). (2) Effective date Paragraph (1) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection. 6. Deemed wages for caregivers of dependent relatives (a) In general Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month— (i) beginning after the date of enactment of the Safeguarding American Families and Expanding Social Security Act of 2021 ; and (ii) during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A)(ii), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, sibling, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 16; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2019, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual— (I) 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; or (II) if the dependent relative to which the individual provided care during such month was, at any time during such month, a child under the age of 6 or a chronically dependent individual, 100 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; (ii) in the case of a qualifying month in which an individual engages in employment or any trade or business carried on by the individual or by a partnership of which the individual is a member for not more than 80 hours, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (iii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 120 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations (1) Not later than one year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 16, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed. . (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977), . 7. Increase in minimum benefit for lifetime low earners based on years in the workforce (a) In general Section 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1) ) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: (D) (i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2021, no primary insurance amount computed under subparagraph (A) may be less than the greater of— (I) the minimum monthly amount computed under subparagraph (C); or (II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). (ii) (I) The alternative minimum amount determined under this clause is the applicable percentage of 1/12 of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. (II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: If the number of years The applicable of work is: percentage is: 11 6.25 percent 12 12.50 percent 13 18.75 percent 14 25.00 percent 15 31.25 percent 16 37.50 percent 17 43.75 percent 18 50.00 percent 19 56.25 percent 20 62.50 percent 21 68.75 percent 22 75.00 percent 23 81.25 percent 24 87.50 percent 25 93.75 percent 26 100.00 percent 27 106.25 percent 28 112.50 percent 29 118.75 percent 30 or more 125.00 percent. (iii) The annual dollar amount determined under this clause is— (I) for calendar year 2022, the poverty guideline for 2021; and (II) for any calendar year after 2022, the annual dollar amount for 2022 multiplied by the ratio of— (aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to (bb) the national average wage index (as so defined) for 2020. (iv) For purposes of this subparagraph— (I) the term year of work means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual’s wages and self-employment income; and (II) the term poverty guideline for 2021 means the annual poverty guideline for 2019 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual. . (b) Recomputation Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2021 to the extent necessary to carry out the amendments made by this section. (c) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended by inserting 215(a)(1)(E), after 215(a)(1)(D), . 8. Elimination of disability waiting period for disability insurance benefits and surviving spouse benefits (a) Elimination of waiting period for disability insurance benefits Section 223 of the Social Security Act ( 42 U.S.C. 423 ), as amended by section 4(b)(2), is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E)— (i) by striking disability insurance benefit (i) for each month and all that follows through , or (iii) and inserting disability insurance benefit ; and (ii) by striking , but only if and all that follows through under such disability ; and (B) in paragraph (2), by striking as though he had attained age 62 in— and all that follows through such disability insurance benefits, and inserting as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits, ; and (2) in subsection (c)— (A) in the subsection header, by striking Definitions of Insured Status and Waiting Period and inserting Definition of Insured Status ; and (B) by striking paragraph (2). (b) Elimination of waiting period for surviving spouse and surviving divorced spouse benefits Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (1) in subsection (e)— (A) in paragraph (1), in the matter following subparagraph (D), by striking beginning with— and all that follows through on such basis terminated, and inserting beginning with the first month in which she becomes so entitled to such insurance benefits ; (B) by striking paragraph (5); and (C) by redesignating paragraphs (6) through (8) as paragraphs (5) through (7); and (2) in subsection (f)— (A) in paragraph (1), in the matter following subparagraph (D), by striking beginning with— and all that follows through on such basis terminated, and inserting beginning with the first month in which he becomes so entitled to such insurance benefits ; (B) by striking paragraph (5); and (C) by redesignating paragraphs (6) through (8) as paragraphs (5) through (7). (c) Effective date The amendments made by this section shall apply with respect to applications for benefits filed on or after the date of the enactment of this Act. 9. Tax on investment gain (a) In general Subsection (a) of section 1411 of the Internal Revenue Code of 1986 is amended by striking 3.8 percent each place it appears and inserting 6.8 percent . (b) Conforming amendment The heading for chapter 2A of the Internal Revenue Code of 1986 is amended by inserting and Social Security after Medicare . (c) Trust funds (1) Technical amendments Section 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended— (A) in subsection (a)— (i) by striking clause each place it appears and inserting paragraph ; and (ii) in the flush text at the end, by striking clauses each place it appears and inserting paragraphs ; and (B) in subsection (g)(2), by striking clause each place it appears and inserting paragraph . (2) Federal Old-age and Survivors Insurance Trust Fund Subsection (a) of section 201 of the Social Security Act ( 42 U.S.C. 401 ), as amended by paragraph (1), is amended— (A) in paragraph (4), by striking the period at the end and inserting ; and ; (B) by inserting after paragraph (4) the following new paragraph: (5) 44.1 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986. ; and (C) in the flush matter at the end, by striking paragraphs (3) and (4) each place it appears and inserting paragraphs (3), (4), and (5) . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 10. Holding SSI, Medicaid, and CHIP beneficiaries harmless For purposes of determining the income of an individual to establish eligibility for, and the amount of, benefits payable under title XVI of the Social Security Act, eligibility for medical assistance under the State plan under title XIX (or a waiver of such plan), or eligibility for child health assistance under the State child health plan under title XXI (or a waiver of the plan), the amount of any benefit to which the individual is entitled under title II of such Act shall be deemed not to exceed the amount of the benefit that would be determined for such individual under such title as in effect on the day before the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3070is/xml/BILLS-117s3070is.xml
|
117-s-3071
|
II 117th CONGRESS 1st Session S. 3071 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Blumenthal (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To protect our Social Security system and improve benefits for current and future generations.
1. Short title This Act may be cited as Social Security 2100: A Sacred Trust . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Strengthening Benefits Sec. 101. Across-the-board benefit increase. Sec. 102. More accurate cost-of-living adjustment. Sec. 103. Increasing the minimum benefit for long-term low earners. Sec. 104. Increasing threshold amounts and rate for inclusion of Social Security benefits in income. Sec. 105. Improving benefits for widows and widowers in two-income households. Sec. 106. Increasing benefits for beneficiaries after 15 years of eligibility. Sec. 107. Providing caregiver credits for Social Security. Sec. 108. Eliminating the 5-month waiting period for disability benefits. Sec. 109. Establishing a gradual offset for disability beneficiaries with earnings. Sec. 110. Repealing the government pension offset and windfall elimination provisions. Sec. 111. Extending the child’s benefit for post-secondary school students under age 26. Sec. 112. Increasing access to benefits for children who live with grandparents or other relatives. Sec. 113. Preventing an unintended drop in benefits relating to the application of the National Average Wage Index. Sec. 114. Holding SSI, Medicaid, and CHIP beneficiaries harmless. Title II—Strengthening the Trust Fund Sec. 201. Determining wages and self-employment income above contribution and benefit base after 2021. Sec. 202. Including earnings over $400,000 in Social Security benefit formula. Sec. 203. Establishing the Social Security Trust Fund. Title III—Strengthening Service Delivery Sec. 301. Clarifying the requirement to mail Social Security account statements. Sec. 302. Preventing closure of field and hearing offices and resident or rural contact stations. Sec. 303. Ensuring access to professional representation. I Strengthening Benefits 101. Across-the-board benefit increase (a) In general (1) Increase in primary insurance amount computation formula Section 215(a)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A)(i) ) is amended by striking 90 percent and inserting 93 percent . (b) Conforming amendment Section 215(a)(7) of such Act ( 42 U.S.C. 415(a)(7) ) is amended by adding at the end the following: (F) With respect to monthly benefits payable for months in calendar years 2022 through 2026, this paragraph shall be applied by increasing by 3 percentage points each of the percentages specified in subparagraph (B)(ii) and in the table in subparagraph (D). . (c) Effective date (1) In general The amendments made by this section shall apply with respect to monthly insurance benefits payable for months in calendar years 2022 through 2026. (2) Recomputation of primary insurance amounts Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary— (A) to carry out the amendments made by this section; and (B) to account for the nonapplication of such amendments after calendar year 2026. (d) Rule of construction For purposes of applying subparagraphs (A) and (B) of section 215(i)(1) of the Social Security Act in any calendar year, nothing in this section or the amendments made by this section shall be considered a general benefit increase under title II of such Act. 102. More accurate cost-of-living adjustment (a) In general Section 215(i)(1) of the Social Security Act ( 42 U.S.C. 415(i)(1) ) is amended by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (b) Application to pre-1979 law (1) In general Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: (D) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (2) Conforming change Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) ) is amended by inserting and by section 102 of Social Security 2100: A Sacred Trust after 1986 . (c) No effect on adjustments under other laws Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended by adding at the end the following: (6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by subsections (a) and (b) of section 102 of Social Security 2100: A Sacred Trust . . (d) Publication of Consumer Price Index for Elderly Consumers The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained age 62. (e) Effective date The amendments made by this section shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act ( 42 U.S.C. 415(i)(1)(B) )) ending on September 30 of calendar years 2022 through 2026. 103. Increasing the minimum benefit for long-term low earners (a) In general Section 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1) ) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: (D) (i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2021, no primary insurance amount computed under subparagraph (A) may be less than the greater of— (I) the minimum monthly amount computed under subparagraph (C); or (II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). (ii) (I) The alternative minimum amount determined under this clause is the applicable percentage of 1/12 of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. (II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: If the number of years The applicable of work is: percentage is: 11 6.25 percent 12 12.50 percent 13 18.75 percent 14 25.00 percent 15 31.25 percent 16 37.50 percent 17 43.75 percent 18 50.00 percent 19 56.25 percent 20 62.50 percent 21 68.75 percent 22 75.00 percent 23 81.25 percent 24 87.50 percent 25 93.75 percent 26 100.00 percent 27 106.25 percent 28 112.50 percent 29 118.75 percent 30 or more 125.00 percent. (iii) The annual dollar amount determined under this clause is— (I) for calendar year 2022, the poverty guideline for 2021; and (II) for any calendar year after 2022, the annual dollar amount established for the calendar year preceding such calendar year, or, if larger, the annual dollar amount for 2022 multiplied by the ratio of— (aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to (bb) the national average wage index (as so defined) for 2020. (iv) For purposes of this subparagraph— (I) the term year of work means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual’s wages and self-employment income; and (II) the term poverty guideline for 2021 means the annual poverty guideline for 2021 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual. . (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended by inserting 215(a)(1)(E), after 215(a)(1)(D), . (c) Effective date (1) In general The amendments made by this section shall apply with respect to monthly insurance benefits payable for months in calendar years 2022 through 2026. (2) Recomputation of primary insurance amounts Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary— (A) to carry out the amendments made by this section; and (B) to account for the nonapplication of such amendments after calendar year 2026. 104. Increasing threshold amounts and rate for inclusion of Social Security benefits in income (a) In general Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of— (1) 85 percent of the Social Security benefits received during the taxable year, or (2) one-half of the excess described in subsection (b)(1). . (b) Base amount Subsection (c) of section 86 of such Code is amended to read as follows: (c) Base amount For purposes of this section, the term base amount means— (1) except as otherwise provided in this paragraph, $35,000, (2) $50,000 in the case of a joint return, and (3) zero in the case of a taxpayer who— (A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and (B) does not live apart from his spouse at all times during the taxable year. . (c) Transfers to trust funds (1) Hospital Insurance Trust Fund held harmless Of the total revenue from taxation of social security benefits, there are appropriated to the Federal Hospital Insurance Trust Fund such amounts as would be transferred to such fund under section 121(e) of the Social Security Amendments of 1983 ( 42 U.S.C. 401 note) and section 86 of such Code as such sections were in effect on the day before the date of the enactment of this Act, at such times and in such manner as would be provided therein. (2) Transfers to payor funds Of the balance of the total revenue from taxation of social security benefits remaining after appropriations under paragraph (1) have been made, there are appropriated to each payor fund amounts equivalent to the portion of such balance equal to a fraction— (A) the numerator of which is the amount equivalent to the net revenues received in the Treasury attributable to the application of sections 86 and 871(a)(3) of such Code to payments from such payor fund made in taxable years beginning after December 31, 2021, and before January 1, 2027; and (B) the denominator of which is the total revenue from taxation of social security benefits. (3) Transfers The amounts appropriated by paragraph (2) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account social security benefits estimated to be received during such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (4) Definitions For purposes of this subsection— (A) Total revenue from taxation of social security benefits The term total revenue from taxation of social security benefits means the amount equivalent to the net revenues received in the Treasury attributable to the application of sections 86 and 871(a)(3) of the Internal Revenue Code of 1986 to payments from any payor fund made in taxable years beginning after December 31, 2021, and before January 1, 2027. (B) Payor fund The term payor fund means any trust fund or account from which payments of social security benefits are made. (C) Social security benefits The term social security benefits has the meaning given such term by section 86(d)(1) of the Internal Revenue Code of 1986. (5) Conforming amendment Section 121(e) of the Social Security Amendments of 1983 ( 42 U.S.C. 401 note) is repealed. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021, and before January 1, 2027. 105. Improving benefits for widows and widowers in two-income households (a) In general (1) Widows Section 202(e) of the Social Security Act ( 42 U.S.C. 402(e) ) is amended— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and at the end; (ii) in subparagraph (C)(iii), by striking and at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit and all that follows through such deceased individual, ; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow’s insurance benefit for each month shall be equal to the greater of— (i) the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or (ii) subject to paragraph (9), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and (ii) in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i) ; and (D) by adding at the end the following: (9) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (2) Widowers Section 202(f) of the Social Security Act ( 42 U.S.C. 402(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and at the end; (ii) in subparagraph (C)(iii), by striking and at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking or becomes entitled to an old-age insurance benefit and all that follows through such deceased individual, ; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower’s insurance benefit for each month shall be equal to the greater of— (i) the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or (ii) subject to paragraph (9), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and (ii) in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i) ; and (D) by adding at the end the following: (9) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (b) Conforming amendment Section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) ), as amended by section 103(c), is further amended by inserting 202(e)(9), 202(f)(9), after sections . (c) Effective date The amendments made by this section shall apply with respect to widow’s or widower’s insurance benefits payable for months in calendar years 2022 through 2026. 106. Increasing benefits for beneficiaries after 15 years of eligibility (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended by adding at the end the following new subsection: (aa) Increase in benefit amounts on account of long-Term eligibility (1) In the case of an individual who is a qualified beneficiary for a calendar year after 2021, the amount of any monthly insurance benefit of such qualified beneficiary under this section or section 223 for any month in such calendar year shall be increased in accordance with paragraph (3). (2) (A) For purposes of this subsection, the term qualified beneficiary for a calendar year means an individual in any case in which such calendar year begins at least 16 years after the applicable date of eligibility for such individual. (B) For purposes of this subsection, the applicable date of eligibility for an individual is the date on which the individual on whose wages and self-employment income the monthly insurance benefit is based initially became eligible (or died before becoming eligible) for old-age insurance benefits under subsection (a) or disability insurance benefits under section 223. (3) (A) The increase required under paragraph (1) with respect to the monthly insurance benefit of an individual who is a qualified beneficiary for a calendar year shall be equal to the applicable percentage (specified for such benefit in subparagraph (B)) of the full increase amount for such calendar year (determined under subparagraph (C)). (B) The applicable percentage specified for a monthly insurance benefit under this subparagraph for a calendar year is the percentage specified, in connection with the number of years ending after the applicable date of eligibility for such individual and before such calendar year, in the following table: The applicable If the number of years is: percentage is: 16 20 percent 17 40 percent 18 60 percent 19 80 percent 20 or larger 100 percent. (C) (i) Except as provided in clause (ii), the full increase amount determined under this subparagraph for a calendar year in connection with the monthly insurance benefit of a qualified beneficiary is a dollar amount equal to 5 percent of the amount of the benefit if— (I) such benefit were based on the primary insurance amount determined for January of such calendar year of a putative individual; (II) on January 1 of the calendar year in which occurred the applicable eligibility date with respect to such individual, such putative individual were fully insured, attained retirement age (as defined in section 216(l)(2)) and were otherwise eligible for, and applied for, old-age insurance benefits; and (III) such putative individual’s average indexed monthly earnings taken into account in determining such primary insurance amount were equal to 1/12 of the national average wage index (as defined in section 209(k)(1)) for the second year prior to such calendar year. (ii) (I) In the case of a monthly insurance benefit under subsection (b) or (c), the full increase amount determined under this subparagraph shall be one-half the amount determined under clause (i); or (II) in the case of a monthly insurance benefit under subsection (d), (g), or (h), the full increase amount determined under this subparagraph shall be the percentage of the amount determined under clause (i) equal to the ratio which the amount of such benefit bears to the primary insurance amount (before the application of section 203(a)) of the individual on whose wages and self-employment income the monthly insurance benefit is based. (4) In the case of a qualified beneficiary who is entitled to two or more monthly insurance benefits under this title for the same month— (A) the earliest applicable date of eligibility for such beneficiary with respect to such benefits shall be treated as the applicable date of eligibility for such beneficiary for the purposes of this subsection; and (B) such beneficiary shall be entitled to an increase with respect only to one such benefit. (5) This subsection shall be applied to monthly insurance benefits after any increase under subsection (w) and any applicable reductions and deductions under this title. (6) In any case in which an individual is entitled to benefits under both this section and section 223, the increase under this subsection shall be paid from the Federal Old-Age and Survivors Insurance Trust Fund. . (b) Conforming amendments (1) Section 202 of such Act ( 42 U.S.C. 402 ) is amended— (A) in the last sentence of subsection (a), by striking subsection (q) and subsection (w) and inserting subsections (q), (w), and (aa) ; (B) in subsection (b)(2), by striking subsections (k)(5) and (q) and inserting subsections (k)(5), (q), and (aa) ; (C) in subsection (c)(2), by striking subsections (k)(5) and (q) and inserting subsections (k)(5), (q), and (aa) ; (D) in subsection (d)(2), by adding at the end the following: This paragraph shall apply subject to subsection (aa). ; (E) in subsection (e)(2)(A), by striking subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph and inserting subsection (k)(5), subsection (q), subsection (aa), and subparagraph (D) of this paragraph ; (F) in subsection (f)(2)(A), by striking subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph and inserting subsection (k)(5), subsection (q), subsection (aa), and subparagraph (D) of this paragraph ; (G) in subsection (g)(2), by striking Such and inserting Except as provided in subsections (k)(5) and (aa), such ; (H) in subsection (h)(2)(A), by inserting and subsection (aa) after subparagraphs (B) and (C) ; and (I) in section 223(a)(2), by striking section 202(q) and inserting sections 202(q) and 202(aa) . (2) Section 209(k)(1) of such Act ( 402 U.S.C. 409(k)(1) ) is amended by inserting 202(aa)(3)(C)(i)(II), before 203(f)(8)(B)(ii) . (c) Effective date The amendments made by this section shall apply with respect to monthly insurance benefits payable for months in calendar years 2022 through 2026. 107. Providing caregiver credits for Social Security (a) In general Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2021, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of 1/12 of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (3) Any assistance or support services provided to caregivers under section 1720G of title 38, United States Code, shall not be considered wages or self-employment income for the purposes of determining entitlement to and the amount of any monthly benefit payable under this subsection. (c) Rules and regulations (1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed. . (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977), . (c) Effective date The amendments made by this section shall apply with respect to applications for monthly insurance benefits filed in months in calendar years 2022 through 2026 and with respect to individuals entitled to such benefits during any such month, except that such amendments shall not apply for purposes of determining continuing eligibility or monthly benefit amounts for monthly insurance benefits for any month after calendar year 2026. 108. Eliminating the 5-month waiting period for disability benefits (a) In general Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended— (1) in paragraph (1), in the matter following subparagraph (E), by striking (i) for each month and all that follows through under such disability, and inserting for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits ; and (2) in paragraph (2)— (A) by striking as though he had attained age 62 and all that follows through and as though and inserting as though he had attained age 62 in the first month for which he becomes entitled to such disability insurance benefits, and as though ; and (B) by striking in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, and inserting in or before such month, . (b) Disabled surviving spouses Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (1) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (C)(ii)(III), by striking paragraph (8) and inserting paragraph (6) ; and (ii) by striking beginning with— and all that follows through and ending and inserting beginning with the first month in which she becomes so entitled to such insurance benefits and ending ; and (B) by striking paragraph (5) and redesignating paragraphs (6) through (8) as paragraphs (5) through (7), respectively; (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (C)(ii)(III), by striking paragraph (8) and inserting paragraph (6) ; and (ii) by striking beginning with— and all that follows through and ending and inserting beginning with the first month in which he becomes so entitled to such insurance benefits and ending ; and (B) by striking paragraph (5) and redesignating paragraphs (6) through (8) as paragraphs (5) through (7), respectively. (c) Effective date The amendments made by this section shall apply with respect to individuals who become entitled to monthly insurance benefits in months in calendar years 2022 through 2026. 109. Establishing a gradual offset for disability beneficiaries with earnings (a) Elimination of termination of benefits due to work activity (1) Date of termination of disability benefits; elimination of extended period of eligibility Section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended, in the matter following subparagraph (E), by striking ; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 222(c)(4)(A), the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity . (2) Date of termination of child’s benefits Section 202(d)(1)(G)(i) of such Act ( 42 U.S.C. 402(d)(1)(G)(i) ) is amended by striking ceases; except that, and all that follows through substantial gainful activity), and inserting ceases), . (3) Date of termination of widow’s and widower’s benefits Subsections (e)(1) and (f)(1) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended, in the matter following subparagraph (F), by striking ceases; except that, and all that follows through the end and inserting ceases. . (4) Elimination of trial work period Section 222 of such Act ( 42 U.S.C. 422 ) is amended by striking subsection (c). (5) Elimination of work-related termination of hospital insurance benefits Section 226(b) of such Act ( 42 U.S.C. 426(b) ) is amended, in the matter following paragraph (2), by striking For purposes of this subsection and all that follows through the end. (6) Conforming amendment related to expedited reinstatement Section 223 of such Act ( 42 U.S.C. 423 ) is amended by striking subsection (i). (b) Benefit reduction based on earnings derived from services (1) In general Section 223(e) of such Act ( 42 U.S.C. 423(e) ) is amended to read as follows: (e) (1) Any benefit otherwise payable to an individual for a month under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or under subsection (a)(1) of this section shall be reduced by $1 for each $2 by which the individual’s earnings derived from services for such month exceeds the amount specified in paragraph (2) with respect to such month, except that such benefit may not be reduced below $0. (2) The amount specified in this paragraph with respect to a month shall be the amount of monthly earnings derived from services established by the Commissioner (under regulations issued pursuant to section 223(d)(4)(A)) to represent substantial gainful activity in the case of a blind individual for such month. (3) In the case of a benefit otherwise payable to an individual for a month under section 202 on the basis of the wages and self-employment income of an individual whose benefit is reduced pursuant to paragraph (1), such benefit shall be reduced for such month by the same proportion as the reduction made pursuant to paragraph (1). . (2) Conforming amendment Section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking and section 215(b)(2)(A)(ii) and inserting , section 215(b)(2)(A)(ii), and subsection (e) of this section . (c) Effective date The amendments made by this section shall apply with respect to months in calendar years 2022 through 2026. 110. Repealing the government pension offset and windfall elimination provisions (a) Repeal of government pension offset provision (1) In general Section 202(k) of the Social Security Act ( 42 U.S.C. 402(k) ) is amended by striking paragraph (5). (2) Conforming amendments (A) Section 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (B) Section 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (C) Section 202(e)(2)(A) of such Act ( 42 U.S.C. 402(e)(2)(A) ) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q) . (D) Section 202(f)(2)(A) of such Act ( 42 U.S.C. 402(f)(2)(A) ) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q) . (b) Repeal of windfall elimination provisions (1) In general Section 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (A) in subsection (a), by striking paragraph (7); (B) in subsection (d), by striking paragraph (3); and (C) in subsection (f), by striking paragraph (9). (2) Conforming amendments Subsections (e)(2) and (f)(2) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f) . (c) Effective date (1) In general The amendments made by this section shall apply with respect to monthly insurance benefits payable for months in calendar years 2022 through 2026. (2) Recomputation of primary insurance amounts Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary— (A) to carry out the amendments made by this section; and (B) to account for the nonapplication of such amendments after calendar year 2026. 111. Extending the child’s benefit for post-secondary school students under age 26 (a) In general Section 202(d)(1)(B) of the Social Security Act ( 42 U.S.C. 402(d)(1)(B) ) is amended to read as follows: (B) at the time such application was filed was unmarried and— (i) had not attained the age of 18, (ii) was a full-time elementary or secondary school student and had not attained the age of 22, (iii) was a qualifying post-secondary school student and had not attained the age of 26, or (iv) is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and . (b) Definition of qualifying post-Secondary school student (1) In general Section 202(d)(7) of such Act ( 42 U.S.C. 402(d)(7) ) is amended— (A) in subparagraph (A)— (i) by inserting and a qualifying post-secondary school student is an individual who is in at least half-time attendance as a student at a post-secondary educational institution before , as determined by the Commissioner ; (ii) by inserting or a qualifying post-secondary school student before if he is paid by his employer ; (iii) by inserting or a post-secondary educational institution, as applicable, before at the request ; (iv) by inserting or a qualifying post-secondary school student before for the purpose of this section ; and (v) by inserting or a qualifying post-secondary school student before shall be deemed ; and (B) in subparagraph (B)— (i) by inserting or a qualifying post-secondary school student before during any period ; (ii) by inserting or, in the case of a qualifying post-secondary school student, any period of nonattendance at a post-secondary educational institution at which the individual has been in at least half-time attendance after full-time attendance ; and (iii) inserting or, in the case of a qualifying post-secondary school student, in at least half-time attendance at a post-secondary educational institution before immediately following such period each place it appears. (2) Transition from elementary or secondary school Section 202(d)(7)(B) of such Act ( 42 U.S.C. 402(d)(7)(B) ) is amended by adding at the end the following sentence: An individual who has been in full-time attendance at an elementary or secondary school shall, during a succeeding period of nonattendance at such school, be deemed to be a qualifying post-secondary school student if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner that he intends to be in at least half-time attendance at a post-secondary educational institution immediately following such period. . (c) Definition of post-Secondary educational institution Section 202(d)(7)(C) of such Act ( 42 U.S.C. 402(d)(7)(C) ) is amended by adding at the end the following: (iii) A post-secondary educational institution is an institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). . (d) Conforming amendments (1) Section 202(d)(1)(E) of such Act ( 42 U.S.C. 402(d)(1)(E) ) is amended by inserting or a qualifying post-secondary school student after student . (2) Section 202(d)(1)(F) of such Act ( 42 U.S.C. 402(d)(1)(F) ) is amended by striking the earlier of— and all that follows through the age of 19, and inserting the following: the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or a qualifying post-secondary school student, (ii) the month in which the child attains the age of 22, but only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26, . (3) Section 202(d)(1)(G) of such Act ( 42 U.S.C. 402(d)(1)(G) ) is amended by striking (if later) and all that follows through the the age of 19, and inserting the following: (if later) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or a qualifying post-secondary school student, (ii) the month in which the child attains the age of 22, but only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26, . (4) Section 202(d)(6)(A) of such Act ( 42 U.S.C. 402(d)(6)(A) ) is amended to read as follows: (A) (i) is a full-time elementary or secondary school student and has not attained the age of 22, (ii) is a qualifying post-secondary school student and has not attained the age of 26, or (iii) is under a disability (as defined in section 223(d)) and has not attained the age of 22, or . (5) Section 202(d)(6)(D) of such Act ( 42 U.S.C. 402(d)(6)(D) ) is amended to read as follows: (D) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or a qualifying post-secondary school student, (ii) the month in which the child attains the age of 22, but only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26, but only if he is not under a disability (as so defined) in such earlier month; or . (6) Section 202(d)(6)(E) of such Act ( 42 U.S.C. 402(d)(6)(E) ) is amended by striking (if later) and all that follows to the end and inserting the following: (if later) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or a qualifying post-secondary school student, (ii) the month in which the child attains the age of 22, but only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26. . (7) Section 202(d)(7)(D) of such Act ( 42 U.S.C. 402(d)(7)(D) ) is amended— (A) by striking A child who and inserting (i) A child who ; (B) by striking age 19 and inserting age 22 ; (C) by striking clause (i) of paragraph (1)(B) and inserting clause (ii) of paragraph (1)(B) ; and (D) by adding at the end the following: (ii) A child who attains age 26 at a time when he is a qualifying post-secondary school student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a post-secondary educational institution (as defined in subparagraph (C)(iii)) shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the post-secondary educational institution (as so defined) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs). . (e) Effective date The amendments made by this section shall apply with respect to applications for child’s insurance benefits filed in months in calendar years 2022 through 2026 and with respect to individuals entitled to such benefits during any such month, except that such amendments shall not apply for purposes of determining continuing eligibility for child’s insurance benefits for any month after calendar year 2026. 112. Increasing access to benefits for children who live with grandparents or other relatives (a) In general Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— (1) in section 202(d)— (A) in paragraph (1)(C), by inserting except as provided in paragraph (9), before was dependent ; and (B) by amending paragraph (9) to read as follows: (9) (A) In the case of a child who is the child of an individual under clause (3) of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence, the criteria specified in subparagraph (B) shall apply instead of the criteria specified in subparagraph (C) of paragraph (1). (B) The criteria of this subparagraph are that— (i) the child has been living with such individual in the United States for a period of not less than 12 months; (ii) the child has been receiving not less than ½ of the child's support from such individual for a period of not less than 12 months; and (iii) the period during which the child was living with such individual began before the child attained age 18. (C) In the case of a child who is less than 12 months old, such child shall be deemed to meet the requirements of subparagraph (B) if, on the date the child attains 1 year of age, such child has lived with such individual in the United States and received at least ½ of the child's support from such individual for substantially all of the period which began on the date of such child's birth. ; and (2) in section 216(e), in the first sentence— (A) by striking grandchild or stepgrandchild of an individual or his spouse and inserting grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of an individual or the individual's spouse ; (B) by striking was no natural or adoptive parent and inserting is no living natural or adoptive parent ; (C) by striking was under a disability and inserting is under a disability ; (D) by striking living at the time and all that follows through , or (B) and inserting , (B) ; and (E) by inserting , or (C) a court of competent jurisdiction has issued an order granting custody of such person to the individual or the individual’s spouse before the first period. (b) Conforming amendments Section 202(d)(1) of the Social Security Act ( 42 U.S.C. 402(d)(1) ) is amended— (1) by striking subparagraphs (A), (B), and (C) and inserting subparagraphs (A) and (B) and subparagraph (C) or paragraph (9) (as applicable) ; and (2) by striking subparagraphs (B) and (C) and inserting subparagraph (B) and subparagraph (C) or paragraph (9) (as applicable) . (c) Effective date The amendments made by this section shall apply with respect to applications for child’s insurance benefits filed in months in calendar years 2022 through 2026 and with respect to individuals entitled to such benefits during any such month, except that such amendments shall not apply for purposes of determining continuing eligibility for child’s insurance benefits for any month after calendar year 2026. 113. Preventing an unintended drop in benefits relating to the application of the National Average Wage Index (a) Modifications related to computation of primary insurance amount Section 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a)(1)(B)(ii)(I)— (A) in subclause (I)— (i) by striking the national and inserting (aa) the national ; and (ii) by striking , by at the end and inserting ; or ; and (B) by adding at the end of subclause (I) the following: (bb) if higher (and if such second calendar year is after 2021), the highest national average wage index (as so defined) for any calendar year before such second calendar year, by ; and (2) in subsection (b)(3)(A)(ii)— (A) in subclause (I)— (i) by striking the national and inserting (aa) the national ; and (ii) by striking , by at the end and inserting ; or ; and (B) by adding at the end of subclause (I) the following: (bb) if higher (and if such second calendar year is after 2021), the highest national average wage index (as so defined) for any calendar year before such second calendar year, by . (b) Modification related to reduction of benefits based on disability Section 224(f)(2)(B)(i) of such Act ( 42 U.S.C. 424(f)(2)(B)(i) ) is amended by inserting (or if higher (and if such calendar year is after 2021), the highest national average wage index (as so defined) for any calendar year before such calendar year) after made . 114. Holding SSI, Medicaid, and CHIP beneficiaries harmless For purposes of determining the income of an individual to establish eligibility for, and the amount of, benefits payable under title XVI of the Social Security Act, eligibility for medical assistance under the State plan under title XIX (or a waiver of such plan), or eligibility for child health assistance under the State child health plan under title XXI (or a waiver of the plan), the amount of any benefit to which the individual is entitled under title II of such Act shall be deemed not to exceed the amount of the benefit that would be determined for such individual under such title as in effect on the day before the date of the enactment of this Act. II Strengthening the Trust Fund 201. Determining wages and self-employment income above contribution and benefit base after 2021 (a) Determination of wages above contribution and benefit base after 2021 (1) Amendments to the Internal Revenue Code of 1986 (A) Repeal of present law limitation Section 3121(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (1). (B) Limitation on amount of wages Section 3121 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (aa) Limitation on amount of wages (1) In general In the case of any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $400,000, for purposes of the taxes imposed by sections 3101(a) and 3111(a), the term wages does not include that part of the remuneration which, after remuneration equal to such contribution and benefit base with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such individual by such employer during the calendar year. The preceding sentence shall not apply to that part of the remuneration paid to an individual after remuneration of $400,000 with respect to employment has been paid to such individual by an employer (or any person related to, or acting on behalf of, such employer, as determined by the Secretary) during the calendar year. (2) Successor employer If an employer (hereinafter referred to as successor employer) during any calendar year, acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining whether the successor employer has paid remuneration with respect to employment equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) to such individual during such calendar year, any remuneration with respect to employment paid (or considered under this paragraph as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer. (3) Remuneration For purposes of this subsection, the term remuneration does not include remuneration referred to in any paragraph of subsection (a). . (C) Application to railroad retirement (i) In general Section 3231(e)(2)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (iv) Limitation on exclusion For purposes of so much of the taxes imposed by sections 3201(a), 3211(a) and 3221(a) as are determined by reference to the rate in effect under section 3101(a) or 3111(a)— (I) in the case of any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $400,000, clause (i) shall not apply to that part of the remuneration paid to an individual after remuneration of $400,000 for services rendered as an employee has been paid to such individual by an employer (or any person related to, or acting on behalf of, such employer, as determined by the Secretary) during the calendar year, and (II) in the case of any calendar year in which such contribution and benefit base equals or exceeds $400,000, clause (i) shall not apply. . (ii) Exclusion of remuneration which is not treated as compensation Section 3231(e)(2)(A)(ii) of the Internal Revenue Code of 1986 is amended by inserting or (iv) after under clause (i) . (D) Conforming amendment Section 3231(e)(2)(C) of the Internal Revenue Code of 1986 is amended by striking the second sentence of section 3121(a)(1) and inserting section 3121(aa)(2) . (2) Amendment to the Social Security Act Section 209(a)(1)(I) of the Social Security Act ( 42 U.S.C. 409(a)(1)(I) ) is amended by inserting before the semicolon at the end the following: except that this subparagraph shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $400,000, and, for such calendar years, only to the extent that remuneration with respect to employment paid to such employee does not exceed $400,000 . (b) Determination of self-Employment income above contribution and benefit base after 2021 (1) Amendments to Internal Revenue Code of 1986 (A) In general Section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Self-Employment income (1) In general The term self-employment income means the net earnings from self-employment derived by an individual, except that such term shall not include net earnings from self-employment if such net earnings for the taxable year are less than $400. (2) Limitation on OASDI tax For purposes of section 1401(a), the term self employment income shall not exceed the sum of— (A) the total compensation not in excess of the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, reduced by the amount of wages not in excess of such base paid to such individual during the taxable year, plus (B) the total compensation in excess of the greater of— (i) $400,000, or (ii) the amount of wages paid to such individual during the taxable year. (3) Definition and special rules (A) Total compensation For purposes of paragraph (2), the term total compensation means the sum of the net earnings from self-employment and the amount of wages paid to such individual during the taxable year. (B) Wages For purposes of this subsection, the term wages — (i) includes such remuneration paid to an employee for services included under an agreement entered into pursuant to the provisions of section 3121(l) (relating to coverage of citizens of the United States who are employees of foreign affiliates of American employers) as would be wages under section 3121(a) if such services constituted employment under section 3121(b), and (ii) includes compensation which is subject to the tax imposed by section 3201 or 3211 (or would be so subject but for paragraph (2) of section 3231(e)). (C) Nonresident aliens A nonresident alien individual shall not be treated as an individual for purposes of paragraph (1), except as provided by an agreement under section 233 of the Social Security Act. An individual who is not a citizen of the United States but who is a resident of the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa shall not, for purposes of this chapter, be considered to be a nonresident alien individual. (D) Church employee In the case of church employee income, the special rules of subsection (j)(2) shall apply for purposes of paragraph (1). . (B) Conforming amendments (i) Section 1402(j)(2)(A) of the Internal Revenue Code of 1986 is amended by striking all that precedes shall be applied and inserting: (A) Separate application of de minimis rule Subsection (b)(1) . (ii) Section 1402(j)(2)(B) of such Code is amended by striking paragraph (2) of subsection (b) and inserting subsection (b)(1) . (2) Amendments to the Social Security Act (A) In general Section 211(b)(1) of the Social Security Act ( 42 U.S.C. 411(b) ) is amended— (i) in subparagraph (I)— (I) by inserting and before 2022 after 1974 ; and (II) by striking or at the end; and (ii) by adding at the end the following: (J) For any taxable year beginning in any calendar year after 2021, an amount equal to— (i) $400,000, reduced (but not below zero) by (ii) the sum of— (I) the part of the net earnings from self-employment (if any) which is not in excess of— (aa) the amount equal to the contribution and benefit base (as determined under section 230) which is effective for the calendar year in which such taxable year begins, minus (bb) the amount of the wages paid to such individual during such taxable year, plus (II) the amount of the wages paid to such individual during such taxable year which is in excess of the amount in subclause (I)(aa); or . (B) Phaseout Section 211(b) of the Social Security Act ( 42 U.S.C. 411(b) ) is amended by adding at the end the following: Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230) is less than $400,000. . (c) Special rule for wages from multiple employers which total in excess of $400,000 (1) In general Subchapter A of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3103. Special rules for remuneration from multiple employers (a) In general In the case of an employee receiving wages from more than one employer during a calendar year, there is hereby imposed a tax on such employee (for the last taxable year beginning in the calendar year the wages are received) equal to the excess (if any) of— (1) the tax that would have been imposed by section 3101(a) if such wages had been received from one employer, over (2) the aggregate tax imposed by such section with respect to such wages. (b) Coordination with special refund provision No credit shall be determined under section 31(b) with respect to any employee for any taxable year unless the amount described in subsection (a)(1) with respect to wages received during the calendar year in which such taxable year begins exceeds the amount described in subsection (a)(2) with respect to such wages, and the amount of such credit so determined shall not exceed such excess. (c) Wages For purposes of this section, the term wages shall have the same meaning as when used in section 1402(b). (d) Application to tier I railroad retirement tax In the case of compensation (as defined in section 3231(e)), for purposes of applying subsections (a) and (b), the reference to the tax that would have been imposed by section 3101(a) shall be treated as including a reference to so much of the tax that would have been imposed on such compensation under section 3201(a) or 3211(a) (or would have been so imposed but for paragraph (2) of section 3231(e)) as is determined by reference to the rate of tax in effect under section 3101(a). . (2) Failure by individual to pay estimated income tax Subsection (m) of section 6654 of the Internal Revenue Code of 1986 is amended to read as follows: (m) Special rule for certain employment taxes For purposes of this section, the tax imposed by sections 3101(b)(2) (to the extent not withheld) and the tax imposed by section 3103 shall be treated as taxes imposed by chapter 2. . (3) Clerical amendment The table of sections for subchapter A of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 3103. Special rules for remuneration from multiple employers. . (d) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to remuneration paid in calendar years after 2021. (2) Self-employment income The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2021. 202. Including earnings over $400,000 in Social Security benefit formula (a) Inclusion of earnings over $400,000 in determination of primary insurance amounts Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by inserting and at the end; and (3) by inserting after clause (iii) the following: (iv) 1 percent of the individual’s excess average indexed monthly earnings (as defined in subsection (b)(5)(A)). . (b) Definition of excess average indexed monthly earnings Section 215(b) of the Social Security Act ( 42 U.S.C. 415(b) ) is amended— (1) by striking wages and self-employment income each place such terms appear and inserting basic wages and basic self-employment income , respectively; and (2) by adding at the end the following: (5) (A) An individual's excess average indexed monthly earnings shall be equal to the amount of the individual's average indexed monthly earnings that would be determined under this subsection by substituting excess wages for basic wages and excess self-employment income for basic self-employment income each place such terms appear in this subsection (except in this paragraph). (B) For purposes of this subsection— (i) the term basic wages means that portion of the wages of an individual paid in a year that does not exceed the contribution and benefit base for the year; (ii) the term basic self-employment income means that portion of the self-employment income of an individual credited to a year that does not exceed an amount equal to the contribution and benefit base for the year minus the amount of the wages paid to the individual in the year; (iii) the term excess wages means that portion of the wages of an individual paid in a year after 2021 in excess of the higher of $400,000 or the contribution and benefit base for the year; and (iv) the term excess self-employment income means that portion of the self-employment income of an individual credited to a year after 2021 in excess of the higher of $400,000 or such contribution and benefit base for the year. . (c) Conforming amendments Title II of the Social Security Act is amended— (1) in section 203(a)(6)(A) ( 42 U.S.C. 403(a)(6)(A) ), by striking 85 percent of such individual's average indexed monthly earnings and inserting the sum of 85 percent of such individual's average indexed monthly earnings and 1 percent of such individual’s excess average indexed monthly earnings (as defined in section 215(b)(5)(A)) ; (2) in section 212 ( 42 U.S.C. 412 ), by inserting excess average indexed monthly earnings, after average indexed monthly earnings, each place it appears; (3) in section 215(e)(1) ( 42 U.S.C. 415(e)(1) ), by inserting and before 2022 after after 1974 . (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2021. 203. Establishing the Social Security Trust Fund (a) In general Section 201(a) of the Social Security Act ( 42 U.S.C. 401(a) ) is amended to read as follows: (a) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Social Security Trust Fund . The Social Security Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the amount standing to the credit of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund on the books of the Treasury on January 1 of the first calendar year beginning after the date of the enactment of section 203 of Social Security 2100: A Sacred Trust , which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Social Security Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Social Security Trust Fund as hereinafter provided. There is hereby appropriated to the Social Security Trust Fund for the first fiscal year that begins after date of the enactment of section 203 of Social Security 2100: A Sacred Trust , and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of— (1) the taxes imposed by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of the Internal Revenue Code of 1986, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports; and (2) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns. The amounts appropriated by paragraphs (1) and (2) shall be transferred from time to time from the general fund in the Treasury to the Social Security Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraphs (1) and (2), paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such paragraphs (1) and (2). All amounts transferred to the Social Security Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of the Trust Fund would otherwise be inadequate to meet the Trust Fund's obligations for any month, the Secretary of the Treasury shall transfer to the Trust Fund on the first day of such month the total amount which would have been transferred to the Trust Fund under this section as in effect on October 1, 1990; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (d). . (b) Required actuarial analysis Section 201(c) of the Social Security Act is amended by striking the fourth sentence in the matter following paragraph (5) and inserting the following: Such report shall also include actuarial analysis of the benefit cost with respect to disabled beneficiaries and their auxiliaries, to retired beneficiaries and their auxiliaries, and to survivor beneficiaries. . (c) Board of Trustees (1) Board of Trustees of Social Security Trust Fund Section 201(c) of the Social Security Act, as amended by subsection (b) of this section, is further amended in the matter preceding paragraph (1) by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this title called the Trust Funds ) and inserting the Social Security Trust Fund (in this title referred to as the Trust Fund ) . (2) Continuity of Board of Trustees The Board of Trustees of the Social Security Trust Fund created by the amendment made by subsection (a) shall be a continuous body with the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in operation prior to the effective date of such amendment. Individuals serving as members of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the effective date of such amendment shall serve the remainder of their term as members of the Board of Trustees of the Social Security Trust Fund. (d) Conforming amendments related to Social Security Trust Fund (1) Amendment to section heading The section heading for section 201 of the Social Security Act is amended to read as follows: Social Security Trust Fund . (2) Board of Trustees Section 201(c) of such Act, as amended by subsections (b) and (c)(1), is further amended— (A) in the matter preceding paragraph (1), by striking Board of Trustees of the Trust Funds and inserting Board of Trustees of the Trust Fund ; (B) in paragraph (1), by striking Trust Funds and inserting Trust Fund ; (C) in paragraph (2)— (i) by striking Trust Funds and inserting Trust Fund ; and (ii) by striking their and inserting its ; (D) in paragraph (3), by striking either of the Trust Funds and inserting the Trust Fund ; (E) in paragraph (5)— (i) by striking managing the Trust Funds and inserting managing the Trust Fund ; and (ii) by striking Trust Funds are and inserting Trust Fund is ; (F) in the matter following paragraph (5), by striking Trust Funds each place it appears and inserting Trust Fund ; and (G) in the second sentence in the matter following paragraph (5), by striking whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are and inserting whether the Social Security Trust Fund is . (3) Investments Section 201 of such Act is amended in subsections (d) and (e) by striking Trust Funds each place it appears and inserting Trust Fund . (4) Crediting of interest and proceeds to Trust Funds Section 201(f) of such Act is amended— (A) by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively and inserting the Social Security Trust Fund shall be credited to and form a part of the Social Security Trust Fund ; (B) by striking either of the Trust Funds and inserting the Trust Fund ; and (C) by striking such Trust Fund and inserting the Trust Fund . (5) Administrative costs Section 201(g) of such Act is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence and all that follows through ( Public Law 103–296 ). ; and (ii) in subparagraph (B)(i)— (I) by striking subclauses (II) and (III) and inserting the following: (II) the portion of such costs which should have been borne by the Social Security Trust Fund, ; and (II) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV); (B) in paragraph (2)— (i) by striking Trust Funds and inserting Trust Fund ; and (ii) by striking the last sentence; and (C) in paragraph (4), by striking Trust Funds each place it appears and inserting Trust Fund . (6) Benefit payments Section 201(h) of such Act is amended to read as follows: (h) All benefit payments required to be made under this title shall be made only from the Social Security Trust Fund. . (7) Gifts Section 201(i) of such Act is amended— (A) in paragraph (1), by striking the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and inserting the Social Security Trust Fund ; and (B) in paragraph (2)(B), by striking the Federal Old-Age and Survivors Insurance Trust Fund and inserting the Social Security Trust Fund . (8) Travel expenses Section 201(j) of such Act is amended by striking the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund (as determined appropriate by the Commissioner of Social Security) and inserting the Social Security Trust Fund . (9) Demonstration projects Section 201(k) of such Act is amended by striking the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Security and inserting the Social Security Trust Fund . (10) Benefit checks Section 201(m) of such Act is amended— (A) in paragraph (2), by striking each of the Trust Funds and inserting the Social Security Trust Fund ; (B) in paragraph (3), by striking one of the Trust Funds and inserting the Trust Fund ; and (C) by striking such Trust Fund each place it appears and inserting the Trust Fund . (11) Conforming repeals (A) In general Section 201 of such Act is amended by striking subsections (b), (l), and (n). (B) Redesignations Section 201 of such Act is further amended— (i) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; (ii) by redesignating subsection (k) as subsection (j); and (iii) by redesignating subsection (m) as subsection (k). (C) References to redesignated sections (i) Section 201(a) of such Act, as amended by subsection (a) of this section, is further amended— (I) by striking subsection (i)(1) and inserting subsection (h)(1) ; and (II) by striking subsection (d) and inserting subsection (c) . (ii) Section 1131(b)(1) of such Act is amended by striking section 201(g)(1) and inserting section 201(f)(1) . (e) Other conforming amendments to Social Security Act (1) Title II Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— (A) in section 202(x)(3)(B)(iii), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, and inserting the Social Security Trust Fund ; (B) in section 206(d)(5), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate and inserting the Social Security Trust Fund ; (C) in section 206(e)(3)(B), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting the Social Security Trust Fund ; (D) in section 208(b)(5)(A), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate and inserting the Social Security Trust Fund ; (E) in section 215(i)(1)(F)— (i) in clause (i)— (I) by striking the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting the balance in the Social Security Trust Fund ; and (II) by striking and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insurance Trust Fund under section 201(l) ; and (ii) in clause (ii)— (I) by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting the Social Security Trust Fund ; and (II) by striking (other than payments and all that follows through and reducing and inserting , but reducing ; (F) in section 221(e)— (i) by striking Trust Funds each place it appears and inserting Trust Fund ; and (ii) by striking the last sentence; (G) in section 221(f), by striking Trust Funds and inserting Trust Fund ; (H) in section 222(d)— (i) in the section heading, by striking Trust Funds and inserting Trust Fund ; (ii) in paragraph (1), by striking to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting to the end that savings will accrue to the Trust Fund as a result of rehabilitating such individuals, there are authorized to be transferred from the Social Security Trust Fund ; and (iii) by amending paragraph (4) to read as follows: (4) The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate the total amount to be reimbursed for the cost of services under this subsection. ; (I) in section 228(g)— (i) in the section heading, by striking Federal Old-Age and Survivors Insurance Trust Fund and inserting Social Security Trust Fund ; and (ii) in the matter preceding paragraph (1), by striking Federal Old-Age and Survivors Insurance Trust Fund and inserting Social Security Trust Fund ; (J) in section 231(c), by striking Trust Funds each place it appears and inserting Trust Fund ; and (K) in section 234(a)(1), by striking Trust Funds and inserting Trust Fund . (2) Title VII Title VII of the Social Security Act ( 42 U.S.C. 901 et seq. ) is amended— (A) in section 703(j), by striking Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and inserting Social Security Trust Fund ; (B) in section 708(c), by striking the OASDI trust fund ratio under section 201(l), after computing ; (C) in section 709— (i) in subsection (a), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; and (ii) in subsection (b)— (I) in paragraph (1), by striking section 201(l) or ; and (II) in paragraph (2), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; and (D) in section 710— (i) in subsection (a), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; and (ii) in subsection (b)— (I) by striking any Trust Fund specified in subsection (a) and inserting the Social Security Trust Fund ; and (II) by striking payments from any such Trust Fund and inserting payments from the Social Security Trust Fund . (3) Title XI Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended— (A) in section 1106(b), by striking the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and inserting the Social Security Trust Fund ; (B) in section 1129(e)(2)(A), by striking the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as determined appropriate by the Secretary and inserting the Social Security Trust Fund ; (C) in sections 1131(b)(2) and 1140(c)(2), by striking the Federal Old-Age and Survivors Insurance Trust Fund and inserting the Social Security Trust Fund ; (D) in section 1145(c)— (i) by striking paragraphs (1) and (2) and inserting the following: (1) the Social Security Trust Fund; ; and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (E) in section 1148(j)(1)(A)— (i) in the first sentence, by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting the Social Security Trust Fund ; and (ii) by striking the second sentence. (4) Title XVIII Title XVIII of the Social Security Act ( 42 U.S.C. 1395 ) is amended— (A) in section 1817(g), by striking Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; (B) in section 1840(a)(2), by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; and (C) in section 1841(f), by striking Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund . (f) Conforming amendments outside of Social Security Act (1) Budget (A) Off-budget exemption Section 405(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 655(a) ) is amended by striking Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds and inserting Social Security Trust Fund . (B) Sequestration exemption Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by striking Payments to Social Security Trust Funds and inserting Payments to the Social Security Trust Fund . (2) Tax (A) Taxable wages Section 3121(l)(4) of the Internal Revenue Code of 1986 is amended by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund . (B) Overpayments (i) Section 6402(d)(3)(C) of the Internal Revenue Code of 1986 is amended by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary as appropriate by the Commissioner of Social Security and inserting Social Security Trust Fund . (ii) Subsection (f)(2)(B) of section 3720A of title 31, United States Code, is amended by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Commissioner of Social Security and inserting Social Security Trust Fund . (3) False claims penalties Subsection (g)(2) of section 3806 of title 31, United States Code, is amended— (A) in subparagraph (B)— (i) by striking Secretary of Health and Human Services and inserting Commissioner of Social Security ; and (ii) by striking Federal Old-Age and Survivors Insurance Trust Fund and inserting Social Security Trust Fund ; and (B) in subparagraph (C)— (i) by striking Secretary of Health and Human Services and inserting Commissioner of Social Security ; and (ii) by striking Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund . (4) Railroad Retirement Board Section 7 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f ) is amended— (A) in subsection (b)(2), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and inserting Social Security Trust Fund ; (B) in subsection (c)(2)— (i) by striking Secretary of Health, Education, and Welfare each time it appears and inserting Commissioner of Social Security ; and (ii) by striking Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, each time it appears and inserting Social Security Trust Fund ; and (C) in subsection (c)(4), by striking Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and inserting Social Security Trust Fund . (g) Rule of construction Effective beginning on January 1, 2022, any reference in law (other than section 201(a) of the Social Security Act) to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund is deemed to be a reference to the Social Security Trust Fund. (h) Effective date The amendments made by this section shall take effect on January 1, 2022. III Strengthening Service Delivery 301. Clarifying the requirement to mail Social Security account statements (a) In general Section 1143 of the Social Security Act ( 42 U.S.C. 1320b–13 ) is amended— (1) in subsection (a)(1), by adding at the end the following: Such statement shall be provided by mail unless the requesting individual chooses electronic delivery for that request. ; and (2) in subsection (c)(2)— (A) by striking Beginning not later than and inserting (A) Beginning not later than ; (B) by inserting by mail after provide ; and (C) by adding at the end the following: (B) In any case in which an eligible individual described in subparagraph (A) responds to an annual inquiry by the Commissioner relating to the mailing of the individual’s statement by making an election that such statement for such year be provided in electronic form only, the requirements of this paragraph shall be deemed to be satisfied for such year with respect to the individual. . (b) Effective date The amendments made by subsection (a) shall apply with respect to Social Security account statements required to be provided on or after January 1, 2022. 302. Preventing closure of field and hearing offices and resident or rural contact stations (a) Moratorium on closure or consolidation of field or hearing offices or new limitations on access to such offices (1) In general Except as provided in paragraph (2), the Commissioner of Social Security shall take no action on or after January 1, 2022, to close or consolidate field or hearing offices of the Social Security Administration or to otherwise impose any new limitation on access to such offices. (2) Cessation of moratorium upon report to Congress Paragraph (1) shall cease to be effective 180 days after the Commissioner submits to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a detailed report outlining and justifying the process for selecting field or hearing offices to be closed or consolidated or otherwise to have limited access. Such report shall include— (A) an analysis of the criteria used for selecting field or hearing offices for closure, consolidation, or limited access; (B) a description of how the Commissioner has analyzed and considered relevant factors, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens; and (C) a description of any method of cost-benefit analysis applied by the Commissioner in connection with closures and consolidations of field or hearing offices, and other limitations on access to field or hearing offices, including any analysis that takes into account— (i) the anticipated savings resulting from the closure, consolidation, or limitation on access; (ii) the anticipated costs associated with replacing services lost by the closure, consolidation, or limitation on access; (iii) the anticipated effects on employees of the offices affected; (iv) how the loss of access resulting from the closure, consolidation, or limitation on access will be replaced by the establishment of a new field or hearing office, increased access at a different office, or some other means, and the factors considered by the Commissioner in determining how to replace such lost access; and (v) such other relevant factors as may be determined by the Commissioner, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens. (b) Requirements for future closures, consolidations, and new limitations on access (1) In general Section 704 of the Social Security Act ( 42 U.S.C. 904 ) is amended by adding at the end the following new subsection: (f) Field and Hearing Offices (1) The Commissioner may not close a field or hearing office of the Administration, consolidate two or more such offices, or otherwise impose any new limitation on public access to any such office, unless the Commissioner complies with the requirements of paragraphs (2), (3), (4), and (5) in connection with the closure, consolidation, or limitation on public access. (2) (A) The requirements of this paragraph are met in connection with a closure, consolidation, or new limitation on access referred to in paragraph (1) only if— (i) not later than 120 days before the date of the closure, consolidation, or limitation on access, the Commissioner provides effective public notice of the proposed closure, consolidation, or limitation on access (including, to the extent practicable, notice by direct mailing and through community outlets such as newspapers and posting in heavily frequented public spaces) to individuals residing in the area serviced by the affected office or offices; (ii) the public notice issued pursuant to clause (i) includes information on— (I) how the Commissioner will, not later than 30 days after the date of the closure, consolidation, or limitation on access, replace the loss in access resulting from the closure, consolidation, or limitation on access by establishing a new office, increasing public access to a different office, or some other means; and (II) how to contact the Administration if an individual experiences service delays or problems as a result of the closure, consolidation, or limitation on access; and (iii) not earlier than 30 days after the issuance of public notice pursuant to clause (i) and not later than 45 days before the date of the proposed closure, consolidation, or limitation on access, the Commissioner conducts at least 2 public hearings (scheduled so that the first and last such hearings are separated by at least 10 days), at which the Commissioner presents the justifications for the closure, consolidation, or limitation on access described in subparagraph (B) and provides for attendees an opportunity to present their views regarding the proposed closure, consolidation, or limitation on access. (B) The justifications referred to in subparagraph (A)(iii) shall consist of the following: (i) an analysis of the criteria used for selecting the field or hearing office or offices for closure, consolidation, or limited access; (ii) a description of how the Commissioner has analyzed and considered relevant factors, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens; and (iii) a description of a method of cost-benefit analysis which shall be applied by the Commissioner in connection with the closure, consolidation, or limitation on access, and which shall take into account— (I) the anticipated savings resulting from the closure, consolidation, or limitation on access; (II) the anticipated costs associated with replacing services lost by the closure, consolidation, or limitation on access; (III) the anticipated effects on employees of the offices affected; and (IV) such other relevant factors as may be determined by the Commissioner, including but not limited to transportation and communication burdens faced by individuals serviced by the offices, including elderly and disabled citizens. (C) The notice provided pursuant to subparagraph (A)(i) shall include notice of the time and place of the public hearings to be conducted pursuant to clause (A)(iii) and of the right of aggrieved individuals to appeal to the Commissioner regarding the proposed closure, consolidation, or limitation on access pursuant to paragraph (4). (3) The requirements of this paragraph are met in connection with a closure, consolidation, or limitation on access referred to in paragraph (1) only if, not later than 30 days before the date of the proposed closure, consolidation, or limitation on access, the Commissioner submits to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each Member of the Congress representing a State or congressional district in which the affected office or offices are located a detailed final report in support of the closure, consolidation, or limitation on access. Such report shall include— (A) the justifications described in paragraph (2)(B), (including any amendments made to such justifications after the public hearings conducted pursuant to paragraph (2)(A)); (B) any findings made by the Commissioner pursuant to the public hearings; (C) the status of any appeals regarding the closure, consolidation, or new limitation on access which were commenced pursuant to paragraph (4) before the date of the report; (D) the final decision of the Commissioner regarding the closure, consolidation, or new limitation on access; and (E) such other information as the Commissioner considers relevant. (4) (A) Upon timely request by any individual who makes a showing in writing described in subparagraph (B) in connection with a proposed closure, consolidation, or limitation on access referred to in subparagraph (A), the Commissioner shall give such individual an opportunity for a hearing with respect to the closure, consolidation, or limitation on access. The request for the hearing shall be considered timely only if it is made not later than 30 days before the proposed date of the closure, consolidation, or limitation on access. The Commissioner shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each Member of the Congress representing a State or congressional district in which the affected office or offices are located the Commissioner’s findings based on the hearing and a description of any action taken or to be taken by the Commissioner on the basis of such findings. (B) A showing described in subparagraph (A) shall consist of a showing that— (i) the determination of the Commissioner to close a field or hearing office, consolidate field or hearing offices, or impose a new limitation on access to a field or hearing office is arbitrary, capricious, an abuse of discretion, not in accordance with law, or not based on substantial evidence; or (ii) the Commissioner has failed to observe procedures required by law in connection with the closure, consolidation, or new limitation on access. (5) The requirement of this paragraph is met in connection with a closure, consolidation, or limitation on access referred to in paragraph (1) only if such closure, consolidation, or limitation on access will not result in the total number of field or hearing offices of the Administration falling below the total number of such offices that were in operation on September 30, 2021. . (2) Effective date The amendment made by paragraph (1) of this subsection shall apply with respect to closures and consolidations of field or hearing offices and impositions of new limitations on access to such offices occurring after the cessation of the moratorium under subsection (a) of this section. 303. Ensuring access to professional representation (a) In general Section 206(a)(2)(A) of the Social Security Act ( 42 U.S.C. 406(a)(2)(A) ) is amended by striking The Commissioner of Social Security may and all that follows through the end and inserting the following: In the case of an agreement described in this subparagraph entered into in a calendar year after 2021, the dollar amount specified in clause (ii)(II) for such calendar year shall be equal to the amount determined for the calendar year preceding such calendar year, or if larger, the product (rounded to the nearest dollar) of the amount so specified and the ratio of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding such calendar year to the national average wage index (as so defined) for 1989. Not later than November 1 of each calendar year after 2020, the Commissioner of Social Security shall publish in the Federal Register the dollar amount applicable to agreements entered into in the succeeding calendar year. . (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ), as amended by sections 103(c) and 106(b), is further amended by inserting 206(a)(2)(A), after 203(f)(8)(B)(ii), . (c) Effective date The amendments made by this section shall apply with respect to agreements entered into on or after January 1, 2022.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3071is/xml/BILLS-117s3071is.xml
|
117-s-3072
|
II 117th CONGRESS 1st Session S. 3072 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Murphy (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish an Office of City and State Diplomacy within the Department of State, and for other purposes.
1. Short title This Act may be cited as the City and State Diplomacy Act . 2. Findings Congress finds the following: (1) The supremacy clause of the United States Constitution (article VI, clause 2) establishes that the Federal Government has the primary role in conducting diplomacy on behalf of the United States; in turn, the Department of State, which was created pursuant to statute by Congress in 1789, has the lead role in formulating and implementing United States foreign policy. (2) The growth of subnational cooperation has enabled States and municipalities to play an increasingly significant role in foreign policy and complement the efforts of the Department of State by— (A) supporting exchanges and cooperation agreements between elected leaders and officials of State and municipal governments and those of international cities, regions, and countries; (B) promoting United States exports to foreign markets and foreign direct investment into the United States; and (C) sharing best practices and striking agreements with foreign counterparts on a wide range of topics, including facilitating trade and investment, protecting the health and safety of their respective citizens, cooperating on energy and the environment, and promoting people-to-people exchanges. (3) Global networks made up exclusively of local government officials are at the forefront of harnessing the power of cities to advance international cooperation, including C40 Cities Climate Leadership Group, ICLEI, United Cities and Local Governments, Global Parliament of Mayors, Urban20, Strong Cities Network, and Global Compact of Mayors. (4) In 2010, the Department of State appointed the first-ever special representative for Global Intergovernmental Affairs, who led efforts to build strategic peer-to-peer relationships between the Department of State, State and local officials, and their foreign counterparts. 3. Sense of Congress It is the sense of Congress that— (1) it is in the interest of the United States to support robust two-way partnerships between the Department of State and subnational entities to advance United States foreign policy objectives, improve understanding of United States diplomacy, and leverage Federal resources to enhance the impact of subnational engagements; and (2) the creation in the Department of State of an Office of City and State Diplomacy, headed by a senior Department official of appropriate rank to represent the United States at international fora, would bolster United States interests through international agreements and Federal support to State and local entities. 4. Establishment of the Office of City and State Diplomacy Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following new subsection: (i) Office of City and State diplomacy (1) In general There shall be established within the Department of State an Office of City and State Diplomacy (in this subsection referred to as the Office ). The Department may use a similar name at its discretion and upon notification to Congress. (2) Head of Office The head of the Office shall be the Ambassador-at-Large for City and State Diplomacy (in this subsection referred to as the Ambassador ) or other appropriate senior official. The head of the Office shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and (B) report directly to the Secretary, or such other senior official as the Secretary determines appropriate and upon notification to Congress. (3) Duties (A) Principal duty The principal duty of the head of the Office shall be the overall coordination (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. The head of the Office shall be the principal adviser to the Secretary of State on subnational engagements and the principal official on such matters within the senior management of the Department of State. (B) Additional duties The additional duties of the head of the Office shall include the following: (i) Coordinating overall United States policy and programs in support of subnational engagements by State and municipal governments with foreign governments, including with respect to the following: (I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements. (II) Identifying policy, program, and funding discrepancies among relevant Federal agencies regarding such coordination. (III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps. (ii) Identifying areas of alignment between United States foreign policy and State and municipal goals. (iii) Improving communication with the United States public, including, potentially, communication that demonstrate the breadth of international engagement by subnational actors and the impact of diplomacy across the United States. (iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments regarding— (I) developing and implementing global engagement and public diplomacy strategies; (II) implementing programs to cooperate with foreign governments on policy priorities or managing shared resources; and (III) understanding the implications of foreign policy developments or policy changes through regular and extraordinary briefings. (v) Facilitating linkages and networks among State and municipal governments, and between State and municipal governments and their foreign counterparts, including by tracking subnational engagements and leveraging State and municipal expertise. (vi) Supporting the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection. (vii) Under the direction of the Secretary, negotiating agreements and memoranda of understanding with foreign governments related to subnational engagements and priorities. (viii) Supporting United States economic interests through subnational engagements, in consultation and coordination with the Department of Commerce, the Department of the Treasury, and the Office of the United States Trade Representative. (ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the United States Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Organizations. (4) Coordination With respect to matters involving trade promotion and inward investment facilitation, the Office shall coordinate with and support the International Trade Administration of the Department of Commerce as the lead Federal agency for trade promotion and facilitation of business investment in the United States. (5) Detailees (A) In general The Secretary of State, with respect to employees of the Department of State, is authorized to detail a member of the civil service or Foreign Service to State and municipal governments on a reimbursable or nonreimbursable basis. Such details shall be for a period not to exceed two years, and shall be without interruption or loss of status or privilege. (B) Responsibilities Detailees under subparagraph (A) should carry out the following responsibilities: (i) Supporting the mission and objectives of the host subnational government office. (ii) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy. (iii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate. (iv) Engaging Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level. (v) Any other duties requested by State and municipal governments and approved by the Office. (C) Additional personnel support for subnational engagement For the purposes of this subsection, the Secretary of State— (i) is authorized to employ individuals by contract; (ii) is encouraged to make use of the re-hired annuitants authority under section 3323 of title 5, United States Code, particularly for annuitants who are already residing across the United States who may have the skills and experience to support subnational governments; and (iii) is encouraged to make use of authorities under the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq. ) to temporarily assign State and local government officials to the Department of State or overseas missions to increase their international experience and add their perspectives on United States priorities to the Department. (6) Report and briefing (A) Report Not later than one year after the date of the enactment of this subsection, the head of the Office shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that includes information relating to the following: (i) The staffing plan (including permanent and temporary staff) for the Office and a justification for the location of the Office within the Department of State’s organizational structure. (ii) The funding level provided to the Office for the Office, together with a justification relating to such level. (iii) The rank and title granted to the head of the Office, together with a justification relating to such decision and an analysis of whether the rank and title of Ambassador-at-Large is required to fulfill the duties of the Office. (iv) A strategic plan for the Office, including relating to— (I) leveraging subnational engagement to improve United States foreign policy effectiveness; (II) enhancing the awareness, understanding, and involvement of United States citizens in the foreign policy process; and (III) better engaging with foreign subnational governments to strengthen diplomacy. (v) Any other matters as determined relevant by the head of the Office. (B) Briefings Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives on the work of the Office and any changes made to the organizational structure or funding of the Office. (7) Rule of construction Nothing in this subsection may be construed as precluding— (A) the Office from being elevated to a bureau within the Department of State; or (B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1). (8) Definitions In this subsection: (A) Municipal The term municipal means, with respect to the government of a municipality in the United States, a municipality with a population of not fewer than 100,000 people. (B) State The term State means the 50 States, the District of Columbia, and any territory or possession of the United States. (C) Subnational engagement The term subnational engagement means formal meetings or events between elected officials of State or municipal governments and their foreign counterparts. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3072is/xml/BILLS-117s3072is.xml
|
117-s-3073
|
II 117th CONGRESS 1st Session S. 3073 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit discrimination in health care and require the provision of equitable health care, and for other purposes.
1. Short title This Act may be cited as the Equal Health Care for All Act . 2. Findings Congress finds the following: (1) In 1966, Dr. Martin Luther King, Jr., said Of all the forms of inequality, injustice in health care is the most shocking and inhuman because it often results in physical death. . (2) Inequity in health care remains a persistent and devastating reality for many communities, and, in particular, communities of color. (3) The provision of inequitable health care has complex causes, many stemming from systemic inequality in access to health care, housing, nutrition, economic opportunity, education, and other factors. (4) Health care outcomes for Black communities in particular lag far behind those of the population as a whole. (5) Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, said on April 7, 2020, the coronavirus outbreak is shining a bright light on unacceptable health disparities in the Black community. (6) A contributing factor in health disparities is explicit and implicit bias in the delivery of health care, resulting in inferior care and poorer outcomes for some patients on the basis of factors that include race, national origin, sex (including sexual orientation or gender identity), disability, age, and religion. (7) The National Academy of Medicine (formerly known as the Institute of Medicine ) issued a report in 2002 titled Unequal Treatment , finding that racial and ethnic minorities receive lower-quality health care than Whites do, even when insurance status, income, age, and severity of condition is comparable. (8) Just as Congress has sought to eliminate bias, both explicit and implicit, in employment, housing, and other parts of our society, the elimination of bias and the legacy of structural racism in health care is of paramount importance. 3. Data collection and reporting (a) Required reporting (1) In general The Secretary of Health and Human Services, in consultation with the Director for Civil Rights and Health Equity, the Director of the National Institutes of Health, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Agency for Healthcare Research and Quality, the Deputy Assistant Secretary for Minority Health, and the Director of the Centers for Disease Control and Prevention, shall by regulation require all health care providers and facilities that are required under other provisions of law to report data on specific health outcomes to the Department of Health and Human Services in aggregate form, to disaggregate such data by demographic characteristics, including by race, national origin, sex (including sexual orientation and gender identity), disability, and age, as well as any other factor that the Secretary of Health and Human Services determines would be useful for determining a pattern of provision of inequitable health care. (2) Proposed regulations Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to carry out paragraph (1). (b) Repository The Secretary of Health and Human Services shall— (1) not later than 1 year after the date of enactment of this Act, establish a repository of the disaggregated data reported pursuant to subsection (a); (2) subject to paragraph (3), make the data in such repository publicly available; and (3) ensure that such repository does not contain any data that is individually identifiable. 4. Requiring equitable health care in the hospital value-based purchasing program (a) Equitable health care as value measurement Section 1886(b)(3)(B)(viii) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(B)(viii) ) is amended by adding at the end the following new subclause: (XIII) (aa) Effective for payments beginning with fiscal year 2024, in expanding the number of measures under subclause (III), the Secretary shall adopt measures that relate to equitable health care furnished by hospitals in inpatient settings. (bb) In carrying out this subclause, the Secretary shall solicit input and recommendations from individuals and groups representing communities of color and other protected classes and ensure measures adopted pursuant to this subclause account for social determinants of health, as defined in section 7(e)(10) of the Equal Health Care for All Act . (cc) For purposes of this subclause, the term equitable health care refers to the principle that high-quality care should be provided to all individuals and health care treatment and services should not vary on account of the real or perceived race, national origin, sex (including sexual orientation and gender identity), disability, or age of an individual, as well as any other factor that the Secretary determines would be useful for determining a pattern of provision of inequitable health care. . (b) Inclusion of equitable health care measures Section 1886(o)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(o)(2)(B) ) is amended by adding at the end the following new clause: (iv) Inclusion of equitable health care measures Beginning in fiscal year 2024, measures selected under subparagraph (A) shall include the equitable health care measures described in subsection (b)(3)(B)(viii)(XIII). . 5. Provision of inequitable health care as a basis for permissive exclusion from medicare and State health care programs Section 1128(b) of the Social Security Act ( 42 U.S.C. 1320a–7(b) ) is amended by adding at the end the following new paragraph: (18) Provision of inequitable health care (A) In general Subject to subparagraph (B), any health care provider that the Secretary determines has engaged in a pattern of providing inequitable health care (as defined in section 7(e)(7) of the Equal Health Care for All Act ) on the basis of race, national origin, sex (including sexual orientation and gender identity), disability, or age of an individual. (B) Exception For purposes of carrying out subparagraph (A), the Secretary shall not exclude any health care provider from participation in the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of such Act if the exclusion of such health care provider would result in increased difficulty in access to health care services for underserved or low-income communities. . 6. Office for Civil Rights and Health Equity of the Department of Health and Human Services (a) Name of office Beginning on the date of enactment of this Act, the Office for Civil Rights of the Department of Health and Human Services shall be known as the Office for Civil Rights and Health Equity of the Department of Health and Human Services. Any reference to the Office for Civil Rights of the Department of Health and Human Services in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office for Civil Rights and Health Equity. (b) Head of office The head of the Office for Civil Rights and Health Equity shall be the Director for Civil Rights and Health Equity, to be appointed by the President. Any reference to the Director of the Office for Civil Rights of the Department of Health and Human Services in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Director for Civil Rights and Health Equity. 7. Prohibiting discrimination in health care (a) Prohibiting discrimination (1) In general No health care provider may, on the basis, in whole or in part, of race, sex (including sexual orientation and gender identity), disability, age, or religion, subject an individual to the provision of inequitable health care. (2) Notice of patient rights The Secretary shall provide to each patient a notice of a patient’s rights under this section. (b) Administrative complaint and conciliation process (1) Complaints and answers (A) In general An aggrieved person may, not later than 1 year after an alleged violation of subsection (a) has occurred or concluded, file a complaint with the Director alleging inequitable provision of health care by a provider described in subsection (a). (B) Complaint A complaint submitted pursuant to subparagraph (A) shall be in writing and shall contain such information and be in such form as the Director requires. (C) Oath or affirmation The complaint and any answer made under this subsection shall be made under oath or affirmation, and may be reasonably and fairly modified at any time. (2) Response to complaints (A) In general Upon the filing of a complaint under this subsection, the following procedures shall apply: (i) Complainant notice The Director shall serve notice upon the complainant acknowledging receipt of such filing and advising the complainant of the time limits and procedures provided under this section. (ii) Respondent notice The Director shall, not later than 30 days after receipt of such filing— (I) serve on the respondent a notice of the complaint, together with a copy of the original complaint; and (II) advise the respondent of the procedural rights and obligations of respondents under this section. (iii) Answer The respondent may file, not later than 60 days after receipt of the notice from the Director, an answer to such complaint. (iv) Investigative duties The Director shall— (I) make an investigation of the alleged inequitable provision of health care; and (II) complete such investigation within 180 days (unless it is impracticable to complete such investigation within 180 days) after the filing of the complaint. (B) Investigations (i) Pattern or practice In the course of investigating the complaint, the Director may seek records of care provided to patients other than the complainant if necessary to demonstrate or disprove an allegation of inequitable provision of health care or to determine whether there is a pattern or practice of such care. (ii) Accounting for social determinants of health In investigating the complaint and reaching a determination on the validity of the complaint, the Director shall account for social determinants of health and the effect of such social determinants on health care outcomes. (iii) Inability to complete investigation If the Director is unable to complete (or finds it is impracticable to complete) the investigation within 180 days after the filing of the complaint (or, if the Secretary takes further action under paragraph (6)(B) with respect to a complaint, within 180 days after the commencement of such further action), the Director shall notify the complainant and respondent in writing of the reasons involved. (iv) Report to State licensing authorities On concluding each investigation under this subparagraph, the Director shall provide to the State licensing authorities that were notified under subparagraph (A), information specifying the results of the investigation. (C) Report (i) Final report On completing each investigation under this paragraph, the Director shall prepare a final investigative report. (ii) Modification of report A final report under this subparagraph may be modified if additional evidence is later discovered. (3) Conciliation (A) In general During the period beginning on the date on which a complaint is filed under this subsection and ending on the date of final disposition of such complaint (including during an investigation under paragraph (2)(B)), the Director shall, to the extent feasible, engage in conciliation with respect to such complaint. (B) Conciliation agreement A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Director. (C) Rights protected The Director shall approve a conciliation agreement only if the agreement protects the rights of the complainant and other persons similarly situated. (D) Publicly available agreement (i) In general Subject to clause (ii), the Secretary shall make available to the public a copy of a conciliation agreement entered into pursuant to this subsection unless the complainant and respondent otherwise agree, and the Secretary determines, that disclosure is not required to further the purposes of this subsection. (ii) Limitation A conciliation agreement that is made available to the public pursuant to clause (i) may not disclose individually identifiable health information. (4) Failure to comply with conciliation agreement Whenever the Director has reasonable cause to believe that a respondent has breached a conciliation agreement, the Director shall refer the matter to the Attorney General to consider filing a civil action to enforce such agreement. (5) Written consent for disclosure of information Nothing said or done in the course of conciliation under this subsection may be made public, or used as evidence in a subsequent proceeding under this subsection, without the written consent of the parties to the conciliation. (6) Prompt judicial action (A) In general If the Director determines at any time following the filing of a complaint under this subsection that prompt judicial action is necessary to carry out the purposes of this subsection, the Director may recommend that the Attorney General promptly commence a civil action under subsection (d). (B) Immediate suit If the Director determines at any time following the filing of a complaint under this subsection that the public interest would be served by allowing the complainant to bring a civil action under subsection (c) in a State or Federal court immediately, the Director shall certify that the administrative process has concluded and that the complainant may file such a suit immediately. (7) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall make publicly available a report detailing the activities of the Office for Civil Rights and Health Equity under this subsection, including— (A) the number of complaints filed and the basis on which the complaints were filed; (B) the number of investigations undertaken as a result of such complaints; and (C) the disposition of all such investigations. (c) Enforcement by private persons (1) In general (A) Civil action (i) In suit A complainant under subsection (b) may commence a civil action to obtain appropriate relief with respect to an alleged violation of subsection (a), or for breach of a conciliation agreement under subsection (b), in an appropriate district court of the United States or State court— (I) not sooner than the earliest of— (aa) the date a conciliation agreement is reached under subsection (b); (bb) the date of a final disposition of a complaint under subsection (b); or (cc) 180 days after the first day of the alleged violation; and (II) not later than 2 years after the final day of the alleged violation. (ii) Statute of limitations The computation of such 2-year period shall not include any time during which an administrative proceeding (including investigation or conciliation) under subsection (b) was pending with respect to a complaint under such subsection. (B) Barring suit If the Director has obtained a conciliation agreement under subsection (b) regarding an alleged violation of subsection (a), no action may be filed under this paragraph by the complainant involved with respect to the alleged violation except for the purpose of enforcing the terms of such an agreement. (2) Relief which may be granted (A) In general In a civil action under paragraph (1), if the court finds that a violation of subsection (a) or breach of a conciliation agreement has occurred, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court determines to be appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in a practice violating subsection (a) or ordering such affirmative action as may be appropriate). (B) Fees and costs In a civil action under paragraph (1), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person. (3) Intervention by Attorney General Upon timely application, the Attorney General may intervene in a civil action under paragraph (1), if the Attorney General certifies that the case is of general public importance. (d) Enforcement by the Attorney General (1) Commencement of actions (A) Pattern or practice cases The Attorney General may commence a civil action in any appropriate district court of the United States if the Attorney General has reasonable cause to believe that any health care provider covered by subsection (a)— (i) is engaged in a pattern or practice that violates such subsection; or (ii) is engaged in a violation of such subsection that raises an issue of significant public importance. (B) Cases by referral The Director may determine, based on a pattern of complaints, a pattern of violations, a review of data reported by a health care provider covered by subsection (a), or any other means, that there is reasonable cause to believe a health care provider is engaged in a pattern or practice that violates subsection (a). If the Director makes such a determination, the Director shall refer the related findings to the Attorney General. If the Attorney General finds that such reasonable cause exists, the Attorney General may commence a civil action in any appropriate district court of the United States. (2) Enforcement of subpoenas The Attorney General, on behalf of the Director, or another party at whose request a subpoena is issued under this subsection, may enforce such subpoena in appropriate proceedings in the district court of the United States for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (3) Relief which may be granted in civil actions (A) In general In a civil action under paragraph (1), the court— (i) may award such preventive relief, including a permanent or temporary injunction, temporary restraining order, or other order against the person responsible for a violation of subsection (a) as is necessary to assure the full enjoyment of the rights granted by this subsection; (ii) may award such other relief as the court determines to be appropriate, including monetary damages, to aggrieved persons; and (iii) may, to vindicate the public interest, assess punitive damages against the respondent— (I) in an amount not exceeding $500,000, for a first violation; and (II) in an amount not exceeding $1,000,000, for any subsequent violation. (B) Fees and costs In a civil action under this subsection, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code. (4) Intervention in civil actions Upon timely application, any person may intervene in a civil action commenced by the Attorney General under paragraphs (1) and (2) if the action involves an alleged violation of subsection (a) with respect to which such person is an aggrieved person (including a person who is a complainant under subsection (b)) or a conciliation agreement to which such person is a party. (e) Definitions In this section: (1) Aggrieved person The term aggrieved person means— (A) a person who believes that the person was or will be injured in violation of subsection (a); or (B) the personal representative or estate of a deceased person who was injured in violation of subsection (a). (2) Director The term Director refers to the Director for Civil Rights and Health Equity of the Department of Health and Human Services. (3) Disability The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Conciliation The term conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the Secretary. (5) Conciliation agreement The term conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation. (6) Individually identifiable health information The term individually identifiable health information means any information, including demographic information collected from an individual— (A) that is created or received by a health care provider covered by subsection (a), health plan, employer, or health care clearinghouse; (B) that relates to the past, present, or future physical or mental health or condition of, the provision of health care to, or the past, present, or future payment for the provision of health care to, the individual; and (C) (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. (7) Provision of inequitable health care The term provision of inequitable health care means the provision of any health care service, by a health care provider in a manner that— (A) fails to meet a high-quality care standard, meaning the health care provider fails to— (i) avoid harm to patients as a result of the health services that are intended to help the patient; (ii) provide health services based on scientific knowledge to all and to all patients who benefit; (iii) refrain from providing services to patients not likely to benefit; (iv) provide care that is responsive to patient preferences, needs, and values; and (v) avoids waits or delays in care; and (B) is discriminatory in intent or effect based at least in part on a basis specified in subsection (a). (8) Respondent The term respondent means the person or other entity accused in a complaint of a violation of subsection (a). (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) Social determinants of health The term social determinants of health means conditions in the environments in which individuals live, work, attend school, and worship, that affect a wide range of health, functioning, and quality-of-life outcomes and risks. (f) Rule of construction Nothing in this section shall be construed as repealing or limiting the effect of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000b et seq. ), section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ). 8. Federal Health Equity Commission (a) Establishment of Commission (1) In general There is established the Federal Health Equity Commission (in this section referred to as the Commission ). (2) Membership (A) In general The Commission shall be composed of— (i) 8 voting members appointed under subparagraph (B); and (ii) the nonvoting, ex officio members listed in subparagraph (C). (B) Voting members Not more than 4 of the members described in subparagraph (A)(i) shall at any one time be of the same political party. Such members shall have recognized expertise in and personal experience with racial and ethnic health inequities, health care needs of vulnerable and marginalized populations, and health equity as a vehicle for improving health status and health outcomes. Such members shall be appointed to the Commission as follows: (i) 4 members of the Commission shall be appointed by the President. (ii) 2 members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader of the Senate. Each member appointed to the Commission under this clause shall be appointed from a different political party. (iii) 2 members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader of the House of Representatives. Each member appointed to the Commission under this clause shall be appointed from a different political party. (C) Ex officio member The Commission shall have the following nonvoting, ex officio members: (i) The Director for Civil Rights and Health Equity of the Department of Health and Human Services. (ii) The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services. (iii) The Director of the National Institute on Minority Health and Health Disparities. (iv) The Chairperson of the Advisory Committee on Minority Health established under section 1707(c) of the Public Health Service Act ( 42 U.S.C. 300u–6(c) ). (3) Terms The term of office of each member appointed under paragraph (2)(B) of the Commission shall be 6 years. (4) Chairperson; Vice Chairperson (A) Chairperson The President shall, with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Chairperson from among the members of the Commission appointed under such paragraph. (B) Vice Chairperson (i) Designation The Speaker of the House of Representatives shall, in consultation with the majority leaders and the minority leaders of the Senate and the House of Representatives and with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Vice Chairperson from among the members of the Commission appointed under such paragraph. The Vice Chairperson may not be a member of the same political party as the Chairperson. (ii) Duty The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. (5) Removal of members The President may remove a member of the Commission only for neglect of duty or malfeasance in office. (6) Quorum A majority of members of the Commission appointed under paragraph (2)(B) shall constitute a quorum of the Commission, but a lesser number of members may hold hearings. (b) Duties of the Commission (1) In general The Commission shall— (A) monitor and report on the implementation of this Act; and (B) investigate, monitor, and report on progress towards health equity and the elimination of health disparities. (2) Annual report The Commission shall— (A) submit to the President and Congress at least one report annually on health equity and health disparities; and (B) include in such report— (i) a description of actions taken by the Department of Health and Human Services and any other Federal agency related to health equity or health disparities; and (ii) recommendations on ensuring equitable health care and eliminating health disparities. (c) Powers (1) Hearings (A) In general The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this section, as the Commission or the subcommittee or member considers advisable— (i) hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and (ii) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials. (B) Limitation on hearings The Commission may hold a hearing under subparagraph (A)(i) only if the hearing is approved— (i) by a majority of the members of the Commission appointed under subsection (a)(2)(B); or (ii) by a majority of such members present at a meeting when a quorum is present. (2) Issuance and enforcement of subpoenas (A) Issuance A subpoena issued under paragraph (1) shall— (i) bear the signature of the Chairperson of the Commission; and (ii) be served by any person or class of persons designated by the Chairperson for that purpose. (B) Enforcement In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the district in which the subpoenaed person resides, is served, or may be found may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. (C) Noncompliance Any failure to obey the order of the court may be punished by the court as a contempt of court. (3) Witness allowances and fees (A) In general Section 1821 of title 28, United States Code, shall apply to a witness requested or subpoenaed to appear at a hearing of the Commission. (B) Expenses The per diem and mileage allowances for a witness shall be paid from funds available to pay the expenses of the Commission. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Administrative Provisions (1) Staff (A) Director There shall be a full-time staff director for the Commission who shall— (i) serve as the administrative head of the Commission; and (ii) be appointed by the Chairperson with the concurrence of the Vice Chairperson. (B) Other personnel The Commission may— (i) appoint such other personnel as it considers advisable, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates; and (ii) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS–15 of the General Schedule under section 5332 of title 5, United States Code. (2) Compensation of members (A) Non-Federal employees Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (B) Federal employees Each member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an office or employee of the Federal Government. (C) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (3) Cooperation The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (e) Permanent Commission Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (f) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter such sums as may be necessary to carry out the duties of the Commission. 9. Grants for hospitals to promote equitable health care and outcomes (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall award grants to hospitals to promote equitable health care treatment and services, and reduce disparities in care and outcomes. (b) Consultation In establishing the criteria for grants under this section and evaluating applications for such grants, the Secretary shall consult with the Director for Civil Rights and Health Equity of the Department of Health and Human Services. (c) Use of funds A hospital shall use funds received from a grant under this section to establish or expand programs to provide equitable health care to all patients and to ensure equitable health care outcomes. Such uses may include— (1) providing explicit and implicit bias training to medical providers and staff; (2) providing translation or interpretation services for patients; (3) recruiting and training a diverse workforce; (4) tracking data related to care and outcomes; and (5) training on cultural sensitivity. (d) Priority In awarding grants under this section, the Secretary shall give priority to hospitals that have received disproportionate share hospital payments under section 1886(r) of the Social Security Act ( 42 U.S.C. 1395ww(r) ) or section 1923 of such Act ( 42 U.S.C. 1396r–4 ) with respect to fiscal year 2021. (e) Supplement, not supplant Grants awarded under this section shall be used to supplement, not supplant, any nongovernment efforts, or other Federal, State, or local funds provided to a recipient. (f) Equitable health care defined The term equitable health care has the meaning given such term in section 1886(b)(3)(B)(viii)(XIII)(cc) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)(XIII)(cc)), as added by section 4(a). (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2027.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3073is/xml/BILLS-117s3073is.xml
|
117-s-3074
|
II 117th CONGRESS 1st Session S. 3074 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Braun (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Payroll Audit Independent Determination program in the Department of Labor.
1. Short title This Act may be cited as the Ensuring Workers Get PAID Act of 2021 . 2. Findings Congress finds the following: (1) In 2018, the Department of Labor launched the nationwide Payroll Audit Independent Determination pilot program (referred to in this section as PAID pilot program ). (2) The Secretary of Labor, acting through the Administrator of the Wage and Hour Division, established the PAID pilot program to complement enforcement and compliance assistance tools undertaken by the Wage and Hour Division of the Department of Labor. (3) The Secretary has a longstanding practice of providing self-audit and office audit programs, as noted by Secretary Marty Walsh in a response for the record following a hearing before the Committee on Education and Labor of the House of Representatives on June 9, 2021. (4) The Wage and Hour Division, through the PAID pilot program, worked with employers on a voluntary basis to remedy unintentional violations of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), which is the Federal statute establishing minimum wage, overtime pay, recordkeeping, and youth-employment requirements affecting employees in the private sector and in Federal, State, and local governments. (5) The PAID pilot program yielded positive results for employers and employees. Between April 1, 2018, and September 15, 2019, the Wage and Hour Division concluded 74 PAID pilot program cases, representing less than one percent of all compliance actions under the Fair Labor Standards Act of 1938, with a total of $4,131,238 in back wages paid to 7,429 employees through such PAID pilot program cases. (6) Self-audits through the PAID pilot program by employers returned more back wages to employees in less time than compliance actions overall. In fact, during the period described in paragraph (5)— (A) the average back wages paid per case for PAID pilot program cases ($55,828) were more than 4 times the average back wages paid per compliance action ($11,355); (B) the average back wages paid per enforcement hour for PAID pilot program cases ($2,864) was more than 10 times greater than the average back wages paid per enforcement hour for compliance actions ($279); (C) on average, nearly 10 times more employees received back wages in each PAID pilot program case than in investigations conducted using traditional methods; (D) self-audits through the PAID pilot program averaged 19 hours per case as compared to 41 hours per case for the Secretary conducted using traditional methods; and (E) self-audits through the PAID pilot program reached employers that the Wage and Hour Division would not typically prioritize for enforcement, including government establishments and industry sectors with higher wage occupations. 3. Definitions In this Act: (1) Affected employee The term affected employee means an employee affected by a violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), excluding any employee subject to prevailing wage requirements under the H–1B, H–2B, or H–2A visa programs, subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ), or chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ). (2) Administrator The term Administrator means the Administrator of the Wage and Hour Division of the Department of Labor. (3) Employee The term employee — (A) has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and (B) with respect to an employer, includes a former employee of such employer. (4) Employer The term employer has the meaning given such term in section 3 of such Act. (5) Good faith The term good faith means, with respect to an employer applying for participation in the Payroll Audit Independent Determination program established under section 4, that such employer is not, at the time such employer submits an application for such program— (A) under investigation by the Secretary for an alleged violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); or (B) subject to a lawsuit related to an alleged violation of such a requirement. (6) Secretary The term Secretary means the Secretary of Labor. (7) Self-audit The term self-audit means an audit conducted by an employer to resolve inaccuracies by the employer in the computation of wages and overtime compensation required under the Fair Labor Standards Act of 1938 within the statute of limitations described in section 6(a) of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 255(a) ). 4. Payroll Audit Independent Determination program (a) Program establishment The Administrator shall establish a Payroll Audit Independent Determination program (referred to in this section as the program ) to foster collaboration with employers that inadvertently violate the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) to voluntarily remedy, within the statute of limitations described in section 6(a) of the Portal-to-Portal Act of 1947, unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938. (b) Application requirements (1) Resources for compliance assistance Not later than 30 days after the date of enactment of this Act, the Administrator shall make available to employers resources for assistance in complying with the Fair Labor Standards Act of 1938, including content regarding wage and hour requirements, which shall be offered online, through printed materials, and through other outreach activities. (2) Application An employer seeking to participate in the program shall submit an application to the Administrator that includes— (A) materials related to and the results of a self-audit, including— (i) an identification of any practice of such employer identified in a self-audit that may violate a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938; and (ii) a list of each employee who may be an affected employee with respect to such violation, including— (I) the period of time such employee would be affected by such violation; (II) payroll records related to such employee for such period with information on the hours of work performed by such employee; (III) calculations of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 with a description of the methodology of such calculation and supporting evidence; and (IV) contact information for such employee; (B) an explanation of the scope of potential violations of a minimum wage or overtime hours requirement of such Act for inclusion in a release of claims under subsection (d); (C) an assurance that any practice of such employer that violates a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 that is identified in the self-audit has been corrected to comply with such Act; (D) an assurance that such employer has, prior to submitting such application, reviewed the compliance assistance resources made available under paragraph (1) and all program information, terms, and requirements; (E) an assurance that, on the date of submission of such application, such employer— (i) is not involved in any litigation regarding any practice of such employer that is identified in the self-audit; and (ii) has not received any communications from an employee or a representative of an employee seeking to litigate or settle claims related to any such practice; and (F) an assurance that no employee listed in subparagraph (A)(ii) is subject to a prevailing wage requirement under the H–1B, H–2B, or H–2A visa programs, subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ), or chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ). (c) Application review and approval (1) Review and amendment The Administrator shall review each application submitted by an employer under subsection (b)(2). As part of such review, the Administrator shall— (A) as necessary, consult with such employer regarding— (i) the self-audit and supporting materials submitted in the application; and (ii) the process for approval of such application and settlement of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); (B) inform such employer in a timely manner and prior to a determination on the approval of the application if additional information is needed to assess the unpaid minimum wages or overtime compensation owed to any affected employee for the violations of such Act identified in the application through the self-audit; and (C) provide such employer an opportunity to amend such application to revise the scope of the practices of such employer that violates a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 that are identified in the application through self-audit, to update the list of affected employees with respect to the practices at issue in the self-audit, and to update the calculations of unpaid minimum wages or overtime compensation owed to any affected employee as a result of such violations. (2) Approval (A) In general If the conditions under subparagraph (B) are satisfied with respect to an application submitted under subsection (b)(2), the Administrator shall— (i) approve the application— (I) in the case the application has not been amended under paragraph (1)(C), not later than 30 days after such submission; or (II) in the case the application has been amended under paragraph (1)(C), not later than 30 days after the date of submission of such amended application; and (ii) supervise the settlement under subsection (d), including the payment of any unpaid minimum wages or overtime compensation under the Fair Labor Standards Act of 1938 required through such settlement. (B) Conditions for approval An application submitted under subsection (b)(2) shall be approved under subparagraph (A) if— (i) within the scope of the violations identified by the employer through the application or an amendment to the application under paragraph (1)(C), the Administrator verifies that the self-audit and calculation of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 submitted in such application or amendment are accurate; and (ii) the employer submitting the application— (I) is determined to be acting in good faith regarding violations of the Fair Labor Standards Act of 1938 identified in such application or amendment; (II) has not been found by the Administrator or any court of law to have violated a minimum wage or overtime hours requirement of such Act during the 5 years immediately preceding submission of such application; and (III) has not been approved for participation in the program prior to the submission of such application, unless— (aa) such participation was for a distinct violation of the Fair Labor Standards Act of 1938 than the practice identified in the self-audit under subsection (b)(2); and (bb) such employer has submitted the necessary materials for the Administrator to verify that such employer is not engaging in the practice addressed by the previous participation of the employer in the program. (d) Settlement (1) In general For each employer that submits an application under subsection (b)(2) that is approved under subsection (c)(2), the Administrator shall— (A) provide to the employer a description of the scope of the potential release of claims for violations of minimum wage or overtime hours requirements of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) and a summary of any unpaid minimum wages or overtime compensation owed to each affected employee under such Act for such violations; and (B) issue a release form to each affected employee of such employer that describes the settlement terms, which shall include a written explanation of— (i) the waiver under paragraph (2)(B); and (ii) the right of the affected employee receiving the offer for settlement to decline the offer for settlement and preserve any private right of action of the employee to recover any unpaid minimum wages or overtime compensation owed to the employee under the Fair Labor Standards Act of 1938 as a result of such violations. (2) Acceptance of settlement (A) In general An affected employee offered a settlement through a release form under paragraph (1)(B) may accept or decline the offer. (B) Waiver of private right of action The acceptance by an affected employee of an offer of settlement under subparagraph (A) shall, upon payment in full of any amounts owed to the employee under the settlement, constitute a waiver by such employee of any right such employee may have under section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) to a private right of action to recover unpaid minimum wages or unpaid overtime compensation, including any liquidated damages, for the violations addressed by the settlement. (3) Payment of settlement For each affected employee that accepts a settlement through a release form under paragraph (1)(B), the employer shall— (A) pay such employee the full amount of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 for the violations addressed in the settlement; and (B) submit proof of payment of such full amount to the Administrator. (e) Additional requirements (1) Denials In the case of an application submitted by an employer under subsection (b)(2) and not approved under subsection (c)(2), the Administrator may not— (A) use information submitted in the application in an investigation against the employer; (B) use the fact such employer applied to the program as a basis for any future investigation, except in a case in which the Administrator has reason to believe that the health and safety of an employee is at risk due to an alleged violation related to a requirement enforced by the Secretary involving child labor, agricultural worker protections, or housing or transportation requirements under the H–2A or H–2B visa programs; or (C) communicate to any affected employee of such employer in response to receipt of such application to notify such employee of the private right of action of such employee to resolve potential violations of the Fair Labor Standards Act of 1938, particularly with respect to the wage practices at issue in the self-audit. (2) Expansion of scope The Administrator may not expand the scope of the violations to be investigated or settled through an employer’s participation in the program beyond the violations identified by the employer in the application submitted by the employer under subsection (b)(2) or the amended application submitted by the employer under subsection (c)(1)(C). (3) No payments required The Administrator may not require any form of payment by an employer to apply, qualify, or participate in the program. (4) Exemption from discovery Any information submitted in an application to the program under subsection (b)(2), or an amendment to such application under subsection (c)(1)(C), may not be subject to discovery in a Federal or State court proceeding without the consent of the employer that submitted the application. (f) Retaliation Section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ) is amended by inserting before the semicolon the following: , or has accepted or declined to accept an offer for settlement under section 4(d) of the Ensuring Workers Get PAID Act of 2021 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3074is/xml/BILLS-117s3074is.xml
|
117-s-3075
|
II 117th CONGRESS 1st Session S. 3075 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Coons introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF STATE AND RELATED AGENCY Department of State Administration of Foreign Affairs DIPLOMATIC PROGRAMS For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $9,040,672,000, of which $812,216,000 may remain available until September 30, 2023, and of which up to $3,625,899,000 may remain available until expended for Worldwide Security Protection: Provided , That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4) as follows: (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,216,871,000, of which up to $661,240,000 is for Worldwide Security Protection. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,791,425,000. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation, and disarmament activities as authorized, $1,018,951,000. (4) Security programs For necessary expenses for security activities, $3,013,425,000, of which up to $2,964,659,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (B) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer of funds, reprogramming, and other matters (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service , to be available only for emergency evacuations and rewards, as authorized: Provided , That the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the Committees on Appropriations. (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Funds appropriated under this heading shall be made available for the following purposes and as specified under this heading in the explanatory statement accompanying this Act— (i) to establish and support the activities of an Ambassador-at-Large for the Arctic Region; and (ii) to implement the Arctic Indigenous Exchange Program. CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment Fund, as authorized, $448,880,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $91,458,000, of which $13,718,000 may remain available until September 30, 2023: Provided , That funds appropriated under this heading are made available notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(a)(1) ), as it relates to post inspections. In addition, for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight, $46,000,000, to remain available until September 30, 2023: Provided , That funds appropriated under this heading that are made available for the printing and reproduction costs of SIGAR shall not exceed amounts for such costs during the prior fiscal year. Educational and Cultural Exchange Programs For necessary expenses of educational and cultural exchange programs, as authorized, $748,961,000, to remain available until expended, of which not less than $275,000,000 shall be for the Fulbright Program and not less than $113,340,000 shall be for Citizen Exchange Program: Provided , That fees or other payments received from, or in connection with, English teaching, educational advising and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until expended: Provided further , That a portion of the Fulbright awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation with the Committees on Appropriations: Provided further , That funds appropriated under this heading that are made available for the Benjamin Gilman International Scholarships Program shall also be made available for the John S. McCain Scholars Program, pursuant to section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ): Provided further , That funds appropriated under this heading shall be made available for the Community Engagement Exchange Program as described under the heading Civil Society Exchange Program in Senate Report 116–126: Provided further , That any substantive modifications from the prior fiscal year to programs funded by this Act under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That of the amount made available under this heading, not to exceed $1,000,000 may be used to make grants to carry out the activities of the Cultural Antiquities Task Force. REPRESENTATION EXPENSES For representation expenses as authorized, $7,415,000. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For necessary expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2023. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292 et seq. ), preserving, maintaining, repairing, and planning for real property that are owned or leased by the Department of State, and renovating, in addition to funds otherwise available, the Harry S Truman Building, $850,772,000, to remain available until September 30, 2026, of which not to exceed $25,000 may be used for overseas representation expenses as authorized: Provided , That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies of the United States Government. In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,132,427,000, to remain available until expended. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $8,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account : Provided , That funds transferred pursuant to the eleventh proviso under the heading Diplomatic and Consular Programs in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (title I of division J of Public Law 110–161 ) in this and prior fiscal years may be used for expenses of rewards programs. REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as authorized: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $4,937,742. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 ), $32,583,000. INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA Not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act ( Public Law 90–553 ), and, in addition, as authorized by section 5 of such Act, $743,000, to be derived from the reserve authorized by such section, to be used for the purposes set out in that section. PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,662,928,000, of which $96,240,000 may remain available until September 30, 2023: Provided , That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further , That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further , That any payment of arrearages under this heading shall be directed to activities that are mutually agreed upon by the United States and the respective international organization and shall be subject to prior consultation with the Committees on Appropriations: Provided further , That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,828,614,000, of which $914,307,000 may remain available until September 30, 2023: Provided , That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for such mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and duration of the mission, the objectives of the mission, the national interest that will be served, and the exit strategy; and (2) the sources of funds, including any reprogrammings or transfers, that will be used to pay the cost of the new or expanded mission, and the estimated cost in future fiscal years: Provided further , That none of the funds appropriated under this heading may be made available for obligation unless the Secretary of State certifies and reports to the Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other violations of human rights, and to hold accountable individuals who engage in such acts while participating in such mission, including prosecution in their home countries and making information about such prosecutions publicly available on the website of the United Nations: Provided further , That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights: Provided further , That funds shall be available for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further , That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President's military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United States and the President has submitted to Congress such a recommendation: Provided further , That any payment of arrearages with funds appropriated by this Act shall be subject to prior consultation with the Committees on Appropriations: Provided further , That such funds may be made available above the amount authorized in section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, as amended ( 22 U.S.C. 287e note): Provided further , That notwithstanding any other provision of law, funds appropriated or otherwise made available under this heading shall be available for United States assessed contributions up to the amount specified in the Annex accompanying United Nations General Assembly Document 64/220. International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, $52,220,000, of which $7,833,000 may remain available until September 30, 2023. CONSTRUCTION For detailed plan preparation and construction of authorized projects, $51,300,000, to remain available until expended, as authorized: Provided , That of the funds appropriated under this heading in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for the United States Section, except for funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, up to $5,000,000 may be transferred to, and merged with, funds appropriated under the heading Salaries and Expenses to carry out the purposes of the United States Section, which shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That such transfer authority is in addition to any other transfer authority provided in this Act. AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for technical assistance grants and the Community Assistance Program of the North American Development Bank, $15,008,000: Provided , That of the amount provided under this heading for the International Joint Commission, up to $1,250,000 may remain available until September 30, 2023, and up to $9,000 may be made available for representation expenses: Provided further , That of the amount provided under this heading for the International Boundary Commission, up to $1,000 may be made available for representation expenses. INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $62,846,000: Provided , That the United States share of such expenses may be advanced to the respective commissions pursuant to section 3324 of title 31, United States Code. RELATED AGENCY UNITED STATES AGENCY FOR GLOBAL MEDIA INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the United States Agency for Global Media (USAGM), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $870,696,000: Provided , That in addition to amounts otherwise available for such purposes, up to $45,708,000 of the amount appropriated under this heading may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than $25,000,000 shall be for Internet freedom programs: Provided further , That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of which $10,000 may be used for such expenses within the United States as authorized, and not to exceed $30,000 may be used for representation expenses of Radio Free Europe/Radio Liberty: Provided further , That funds appropriated under this heading shall be allocated in accordance with the table included under this heading in the explanatory statement accompanying this Act: Provided further , That notwithstanding the previous proviso, funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures of the Committees on Appropriations, except that no such reprogramming may reduce a designated amount by more than 5 percent: Provided further , That funds appropriated under this heading shall be made available in accordance with the principles and standards set forth in section 303(a) and (b) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) and section 305(b) of such Act ( 22 U.S.C. 6204 ): Provided further , That the USAGM Chief Executive Officer shall notify the Committees on Appropriations within 15 days of any determination by the USAGM that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in section 303(a) and (b) of such Act or the entity’s journalistic code of ethics: Provided further , That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, shall remain available until expended for carrying out authorized purposes: Provided further , That significant modifications to USAGM broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all USAGM language services shall be subject to the regular notification procedures of the Committees on Appropriations. BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $14,700,000, to remain available until expended, as authorized. RELATED PROGRAMS The Asia Foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 ), $21,500,000, to remain available until expended: Provided , That funds appropriated under this heading shall be apportioned and obligated to the Foundation not later than 60 days after enactment of this Act. United States Institute of Peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act ( 22 U.S.C. 4601 et seq. ), $54,000,000, to remain available until September 30, 2023, which shall not be used for construction activities. Center for Middle Eastern-Western Dialogue Trust Fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 ), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2022, to remain available until expended. Eisenhower Exchange Fellowship Program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 ), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2022, to remain available until expended: Provided , That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United States Code; or for purposes which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the restrictions on compensation for personal services. Israeli Arab Scholarship Program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( 22 U.S.C. 2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2022, to remain available until expended. East-West Center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $19,700,000. National Endowment for Democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act ( 22 U.S.C. 4412 ), $305,000,000, to remain available until expended: Provided , That the requirements of section 7063(a) of this Act shall not apply to funds made available under this heading. OTHER COMMISSIONS Commission for the Preservation of America’s Heritage Abroad SALARIES AND EXPENSES For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $642,000, as authorized by chapter 3123 of title 54, United States Code: Provided , That the Commission may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further , That such authority shall terminate on October 1, 2022: Provided further , That the Commission shall notify the Committees on Appropriations prior to exercising such authority. United States Commission on International Religious Freedom SALARIES AND EXPENSES For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 et seq. ), $4,500,000, to remain available until September 30, 2023, including not more than $4,000 for representation expenses: Provided , That of the funds appropriated under this heading, $1,000,000 shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That the United States Commission on International Religious Freedom shall include in its Annual Report the actions taken and planned to be taken to report on, and advocate against, laws and policies of foreign governments that permit or condone discrimination against, or violations of human rights of, minority groups and other vulnerable communities on the basis of religion, in accordance with the explanatory statement accompanying this Act. Commission on Security and Cooperation in Europe SALARIES AND EXPENSES For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 ( 22 U.S.C. 3001 et seq. ), $2,908,000, including not more than $5,000 for representation expenses, to remain available until September 30, 2023. Congressional-Executive Commission on the People's Republic of China SALARIES AND EXPENSES For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911 et seq. ), $2,250,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2023. United States-China Economic and Security Review Commission SALARIES AND EXPENSES For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 ), $4,000,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2023: Provided , That the authorities, requirements, limitations, and conditions contained in the second through sixth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall continue in effect during fiscal year 2022 and shall apply to funds appropriated under this heading. II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President OPERATING EXPENSES For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,635,947,000, of which up to $245,392,000 may remain available until September 30, 2023: Provided , That none of the funds appropriated under this heading and under the heading Capital Investment Fund in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes: Provided further , That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year: Provided further , That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to Operating Expenses in accordance with the provisions of those sections: Provided further , That of the funds appropriated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses, and not to exceed $100,500 shall be for official residence expenses, for USAID during the current fiscal year. CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $258,200,000, to remain available until expended: Provided , That this amount is in addition to funds otherwise available for such purposes: Provided further , That funds appropriated under this heading shall be available subject to the regular notification procedures of the Committees on Appropriations. OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $82,200,000, of which up to $12,330,000 may remain available until September 30, 2023, for the Office of Inspector General of the United States Agency for International Development: Provided , That of the funds appropriated under this heading, up to $10,000 may be available for representation expenses. III BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the President For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $4,423,950,000, to remain available until September 30, 2023, and which shall be apportioned directly to the United States Agency for International Development: Provided , That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster preparedness training for health crises; (7) programs to prevent, prepare for, and respond to unanticipated and emerging global health threats, including zoonotic diseases; and (8) family planning/reproductive health: Provided further , That funds appropriated under this paragraph may be made available for United States contributions to The GAVI Alliance and to a multilateral vaccine development partnership to support epidemic preparedness: Provided further , That none of the funds made available by this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President, directly supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further , That any determination made under the previous proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further , That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further , That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further , That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further , That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further , That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further , That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term motivate , as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further , That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use. In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,930,000,000, to remain available until September 30, 2026, which shall be apportioned directly to the Department of State: Provided , That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided further , That the amount of such contribution shall be $1,560,000,000: Provided further , That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2022 may be made available to USAID for technical assistance related to the activities of the Global Fund, subject to the regular notification procedures of the Committees on Appropriations: Provided further , That of the funds appropriated under this paragraph, up to $17,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States Global AIDS Coordinator. DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $4,075,097,000, to remain available until September 30, 2023: Provided , That funds made available under this heading shall be apportioned directly to the United States Agency for International Development. INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $4,682,362,000, to remain available until expended: Provided , That funds made available under this heading shall be apportioned directly to the United States Agency for International Development. TRANSITION INITIATIVES For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transition to democracy and long-term development of countries in crisis, $107,043,000, to remain available until expended: Provided , That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further , That the USAID Administrator shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new, or terminating a, program of assistance: Provided further , That if the Secretary of State determines that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further , That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations. COMPLEX CRISES FUND For necessary expenses to carry out the provisions of section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ), $60,000,000, to remain available until expended: Provided , That funds appropriated under this heading may be made available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961. ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $3,480,131,000, to remain available until September 30, 2023. DEMOCRACY FUND For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 ( 22 U.S.C. 4411 ), $215,450,000, to remain available until September 30, 2023, of which up to $25,000,000 may remain available until September 30, 2024, which shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State: Provided , That funds appropriated under this heading that are made available to the National Endowment for Democracy and its core institutes are in addition to amounts otherwise available by this Act for such purposes: Provided further , That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall consult with the Committees on Appropriations prior to the initial obligation of funds appropriated under this paragraph. For an additional amount for such purposes, $125,250,000, to remain available until September 30, 2023, of which up to $25,000,000 may remain available until September 30, 2024, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act ( Public Law 102–511 ), and the Support for Eastern European Democracy (SEED) Act of 1989 ( Public Law 101–179 ), $788,929,000, to remain available until September 30, 2023, which shall be available, notwithstanding any other provision of law, except section 7047 of this Act, for assistance and related programs for countries identified in section 3 of the FREEDOM Support Act ( 22 U.S.C. 5801 ) and section 3(c) of the SEED Act of 1989 ( 22 U.S.C. 5402 ), in addition to funds otherwise available for such purposes: Provided , That funds appropriated by this Act under the headings Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement that are made available for assistance for such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 102 of the FREEDOM Support Act and section 601 of the SEED Act of 1989: Provided further , That funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance: Provided further , That funds appropriated under this heading may be made available for contributions to multilateral initiatives to counter hybrid threats. Department of state MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601 ), and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ); allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $3,845,000,000, to remain available until expended. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c) ), $100,000, to remain available until expended: Provided , That amounts in excess of the limitation contained in paragraph (2) of such section shall be transferred to, and merged with, funds made available by this Act under the heading Migration and Refugee Assistance . Independent agencies PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501 et seq. ), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $410,500,000, of which $6,330,000 is for the Office of Inspector General, to remain available until September 30, 2023: Provided , That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act ( 22 U.S.C. 2515 ), an amount not to exceed $5,000,000: Provided further , That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further , That of the funds appropriated under this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further , That in addition to the requirements under section 7015(a) of this Act, the Peace Corps shall consult with the Committees on Appropriations prior to any decision to open, close, or suspend a domestic or overseas office or a country program unless there is a substantial risk to volunteers or other Peace Corps personnel: Provided further , That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further , That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading. MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ) (MCA), $912,000,000, to remain available until expended: Provided , That of the funds appropriated under this heading, up to $115,000,000 may be available for administrative expenses of the Millennium Challenge Corporation: Provided further , That section 605(e) of the MCA ( 22 U.S.C. 7704(e) ) shall apply to funds appropriated under this heading: Provided further , That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA ( 22 U.S.C. 7708 ) only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further , That no country should be eligible for a threshold program after such country has completed a country compact: Provided further , That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses. INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $44,500,000, to remain available until September 30, 2023: Provided , That of the funds appropriated under this heading, not to exceed $2,500 may be available for representation expenses. UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out the African Development Foundation Act (title V of Public Law 96–533 ; 22 U.S.C. 290h et seq. ), $43,000,000, to remain available until September 30, 2023, of which not to exceed $2,500 may be available for representation expenses: Provided , That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further , That interest earned shall be used only for the purposes for which the grant was made: Provided further , That notwithstanding section 505(a)(2) of the African Development Foundation Act ( 22 U.S.C. 290h–3(a)(2) ), in exceptional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided further , That the USADF shall submit a report to the appropriate congressional committees after each time such waiver authority is exercised: Provided further , That the USADF may make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions: Provided further , That the USADF may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Development Foundation Act: Provided further , That the USADF may not withdraw any appropriation from the Treasury prior to the need of spending such funds for program purposes. Department of the treasury INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until expended, of which not more than $7,600,000 may be used for administrative expenses: Provided , That amounts made available under this heading may be made available to contract for services as described in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without regard to the location in which such services are performed. DEBT RESTRUCTURING For Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring there is appropriated $52,000,000, to remain available until September 30, 2023, for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees for, or credits extended to, such countries as the President may determine, including the cost of selling, reducing, or canceling amounts owed to the United States pursuant to the Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (DSSI) , and for reducing interest rates paid by any country eligible for the DSSI: Provided , That such amounts may be used notwithstanding any other provision of law. TROPICAL FOREST AND CORAL REEF CONSERVATION ACT For the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $15,000,000, to remain available until September 30, 2027. IV INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,388,853,000, to remain available until September 30, 2023: Provided , That the Department of State may use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing such property to a foreign country or international organization under chapter 8 of part I of such Act, subject to the regular notification procedures of the Committees on Appropriations: Provided further , That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading, except that any funds made available notwithstanding such section shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That of the funds appropriated under this heading, not less than $9,000,000 shall be made available, on a competitive basis, for rule of law programs for transitional and post-conflict states, and for activities to coordinate rule of law programs among foreign governments, international and nongovernmental organizations, and other United States Government agencies: Provided further , That funds made available under this heading that are transferred to another department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $5,000,000, and any agreement made pursuant to section 632(a) of such Act, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That funds made available under this heading for Program Development and Support may be made available notwithstanding pre-obligation requirements contained in this Act, except for the notification requirements of section 7015. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $907,247,000, to remain available until September 30, 2023, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act ( 22 U.S.C. 5854 ), section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), or the Foreign Assistance Act of 1961 for demining and unexploded ordnance clearance activities, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary contribution to the International Atomic Energy Agency (IAEA): Provided , That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and weapons destruction, and shall remain available until expended: Provided further , That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further , That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency: Provided further , That funds made available for conventional weapons destruction programs, including demining and unexploded ordnance clearance activities, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of such programs and activities, subject to the regular notification procedures of the Committees on Appropriations: Provided further , That funds made available under this heading for Export Control and Related Border Security, Global Threat Reduction, and countering Weapons of Mass Destruction Terrorism may be made available notwithstanding any other provision of law. PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $465,459,000, of which $232,730,000 may remain available until September 30, 2023: Provided , That funds appropriated under this heading may be used, notwithstanding section 660 of the Foreign Assistance Act of 1961, to provide assistance to enhance the capacity of foreign civilian security forces, including gendarmes, to participate in peacekeeping operations: Provided further , That of the funds appropriated under this heading, not less than $24,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further , That funds appropriated under this heading may be made available to pay assessed expenses of international peacekeeping activities in Somalia under the same terms and conditions, as applicable, as funds appropriated by this Act under the heading Contributions for International Peacekeeping Activities : Provided further , That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations. Funds appropriated to the President INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $112,925,000, of which up to $56,463,000 may remain available until September 30, 2023: Provided , That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights, as specified in the explanatory statement accompanying this Act: Provided further , That of the funds appropriated under this heading, $3,000,000 shall remain available until September 30, 2025, and shall be used to increase the participation of women in programs and activities funded under this heading, following consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That of the funds appropriated under this heading, not to exceed $50,000 may be available for entertainment expenses. FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), $6,175,524,000: Provided , That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces: Provided further , That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further , That funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code. None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds, including any conditions on the end use and end users of such articles and services: Provided , That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further , That funds made available under this heading may be used, notwithstanding any other provision of law, for demining and unexploded ordnance clearance activities, and may include activities implemented through nongovernmental and international organizations: Provided further , That only those countries for which assistance was justified for the Foreign Military Sales Financing Program in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further , That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further , That not more than $70,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further , That of the funds made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses: Provided further , That not more than $1,137,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act ( 22 U.S.C. 2761(e)(1)(A) ) may be obligated for expenses incurred by the Department of Defense during fiscal year 2021 pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ), except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations. V MULTILATERAL ASSISTANCE Funds appropriated to the President INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, $472,500,000: Provided , That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund and the United Nations Office for the Coordination of Humanitarian Affairs: Provided further , That not later than 60 days after enactment of this Act, such funds shall be made available for core contributions for each entity listed in the table under this heading in the explanatory statement accompanying this Act unless otherwise provided for in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for core contributions following prior consultation with, and subject to the regular notification procedures of, such Committees. International financial institutions GLOBAL ENVIRONMENT FACILITY For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $149,288,000, to remain available until expended. CONTRIBUTION TO THE GREEN CLIMATE FUND For payment to the International Bank for Reconstruction and Development as trustee for the Green Climate Fund by the Secretary of the Treasury, $1,450,000,000, to remain available until expended: Provided , That not later than 60 days after enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations as specified under this heading in the explanatory statement accompanying this Act. CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For contribution to the Clean Technology Fund, $450,000,000, to remain available until expended: Provided , That up to $400,000,000 of such amount shall be available to cover costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans issued to the Clean Technology Fund: Provided further , That such funds are available to subsidize gross obligations for the principal amount of direct loans without limitation. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $206,500,000, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,421,275,728.70. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Association by the Secretary of the Treasury, $1,001,400,000, to remain available until expended. CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $53,323,000, to remain available until expended. CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $54,648,752, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $856,174,624. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by the Secretary of the Treasury, $211,300,000, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $43,000,000, to remain available until expended. GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $10,000,000, to remain available until expended. CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST FUNDS For contribution by the Secretary of the Treasury to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund, $102,000,000, to remain available until December 31, 2031. VI EXPORT AND INVESTMENT ASSISTANCE Export-import bank of the united states INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $6,500,000, of which up to $975,000 may remain available until September 30, 2023. PROGRAM ACCOUNT The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided , That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of enactment of this Act. ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $114,000,000, of which up to $17,100,000 may remain available until September 30, 2023: Provided , That the Export-Import Bank (the Bank) may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further , That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) of such section shall remain in effect until September 30, 2022: Provided further , That the Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further , That in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account for such purposes, to remain available until expended. PROGRAM BUDGET APPROPRIATIONS For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $5,000,000, to remain available until September 30, 2025: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such funds shall remain available until September 30, 2037, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2022, 2023, 2024, and 2025. RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import Bank Act of 1945 ( Public Law 79–173 ) and the Federal Credit Reform Act of 1990, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided , That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0. United states international development finance corporation INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $2,800,000, to remain available until September 30, 2023. CORPORATE CAPITAL ACCOUNT The United States International Development Finance Corporation (the Corporation) is authorized to make such expenditures and commitments within the limits of funds and borrowing authority available to the Corporation, and in accordance with the law, and to make such expenditures and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs for the current fiscal year for the Corporation: Provided , That for necessary expenses of the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018 (division F of Public Law 115–254 ) and for administrative expenses to carry out authorized activities and project-specific transaction costs described in section 1434(d) of such Act, $698,000,000: Provided further , That of the amount provided— (1) $198,000,000 shall remain available until September 30, 2024, for administrative expenses to carry out authorized activities (including an amount for official reception and representation expenses which shall not exceed $25,000) and project-specific transaction costs as described in section 1434(k) of such Act, of which $1,000,000 shall remain available until September 30, 2026; (2) $500,000,000 shall remain available until September 30, 2024, for the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018, except such amounts obligated in a fiscal year for activities described in section 1421(c) of such Act shall remain available for disbursement for the term of the underlying project: Provided further , That if the term of the project extends longer than 10 fiscal years, the Chief Executive Officer of the Corporation shall inform the appropriate congressional committees prior to the obligation or disbursement of funds, as applicable: Provided further, That amounts made available under this paragraph may be paid to the United States International Development Finance Corporation—Program Account for programs authorized by subsections (b), (e), (f), and (g) of section 1421 of the BUILD Act of 2018: Provided further , That funds may only be obligated pursuant to section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations: Provided further , That in fiscal year 2022 collections of amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited as offsetting collections to this appropriation: Provided further , That such collections collected in fiscal year 2022 in excess of $698,000,000 shall be credited to this account and shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further , That in fiscal year 2022, if such collections are less than $698,000,000, receipts collected pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 1990, in an amount equal to such shortfall, shall be credited as offsetting collections to this appropriation: Provided further , That funds appropriated or otherwise made available under this heading may not be used to provide any type of assistance that is otherwise prohibited by any other provision of law or to provide assistance to any foreign country that is otherwise prohibited by any other provision of law: Provided further , That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by the offsetting collections described under this heading so as to result in a final fiscal year appropriation from the General Fund estimated at $316,000,000. PROGRAM ACCOUNT Amounts paid from United States International Development Finance Corporation—Corporate Capital Account (CCA) shall remain available until September 30, 2024: Provided , That up to $550,000,000 of amounts paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ) shall be available for the costs of direct and guaranteed loans provided by the Corporation pursuant to section 1421(b) of such Act and the costs of modifying loans and loan guarantees transferred to the Corporation pursuant to section 1463 of such Act: Provided further , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such amounts obligated in a fiscal year shall remain available for disbursement for the following 8 fiscal years: Provided further , That funds made available in this Act and transferred to carry out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for obligation for 1 additional fiscal year: Provided further , That the total loan principal or guaranteed principal amount shall not exceed $10,000,000,000. TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $79,500,000, to remain available until September 30, 2023, of which no more than $19,000,000 may be used for administrative expenses: Provided , That of the funds appropriated under this heading, not more than $5,000 may be available for representation and entertainment expenses. VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 of title 5, United States Code; for services as authorized by section 3109 of such title and for hire of passenger transportation pursuant to section 1343(b) of title 31, United States Code. UNOBLIGATED BALANCES REPORT 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2022 or any previous fiscal year, disaggregated by fiscal year: Provided , That the report required by this section shall be submitted not later than 30 days after the end of each fiscal quarter and should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated. CONSULTING SERVICES 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. DIPLOMATIC FACILITIES 7004. (a) Capital security cost sharing exception Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act), as amended by section 111 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ), a project to construct a facility of the United States may include office space or other accommodations for members of the United States Marine Corps. (b) New diplomatic facilities For the purposes of calculating the fiscal year 2022 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the contribution of the Department of State for this purpose. (c) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2022, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That notifications pursuant to this subsection shall include the information enumerated under the heading Embassy Security, Construction, and Maintenance in the explanatory statement accompanying this Act. (d) Interim and temporary facilities abroad (1) Security vulnerabilities Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance may be made available, following consultation with the appropriate congressional committees, to address security vulnerabilities at interim and temporary United States diplomatic facilities abroad, including physical security upgrades and local guard staffing. (2) Consultation Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. PERSONNEL ACTIONS 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act. PROHIBITION ON PUBLICITY OR PROPAGANDA 7006. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before enactment of this Act by Congress: Provided , That up to $25,000 may be made available to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980 ( Public Law 96–533 ; 22 U.S.C. 2151a note). PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided , That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents. COUPS D’ÉTAT 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided , That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further , That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further , That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations. TRANSFER OF FUNDS AUTHORITY 7009. (a) Department of state and united states agency for global media (1) Department of state (A) In general Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses . (B) Embassy security Funds appropriated under the headings Diplomatic Programs , including for Worldwide Security Protection, Embassy Security, Construction, and Maintenance , and Emergencies in the Diplomatic and Consular Service in this Act may be transferred to, and merged with, funds appropriated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: Provided , That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law. (2) United states agency for global media Not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Treatment as reprogramming Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Limitation on transfers of funds between agencies (1) In general None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Allocation and transfers Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ). (3) Notification Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs , Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia shall be subject to the regular notification procedures of the Committees on Appropriations: Provided , That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. (c) United states international development finance corporation (1) Limitation Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ) may only be transferred from funds made available under title III of this Act, and such amounts shall not exceed $50,000,000: Provided , That any such transfers shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation (the Corporation), as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID: Provided further , That no funds transferred pursuant to such authority may be used by the Corporation to post personnel abroad or for activities described in section 1421(c) of the BUILD Act of 2018: Provided further , That funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to implement the Nita M. Lowey Middle East Partnership for Peace Act shall be excluded from the limitation contained in this paragraph. (2) Transfer of funds from millennium challenge corporation Funds appropriated under the heading Millennium Challenge Corporation in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be transferred to, and merged with, amounts under the heading United States International Development Finance Corporation—Program Account and, when so transferred and merged, may be used for the costs of loans and guaranties provided by the United States International Development Finance Corporation pursuant to section 1421(b) of the BUILD Act and shall be subject to the limitations provided in the second, third, and fourth provisos under the heading United States International Development Finance Corporation—Program Account in this Act: Provided , That such funds shall not be available for administrative expenses of the United States International Development Finance Corporation: Provided further , That such authority shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That such transfers shall be excluded from the limitation under paragraph (1): Provided further , That the transfer authority provided in this section is in addition to any other transfer authority provided by law. (d) Transfer of funds between accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of inter-Agency transfers of funds Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits: Provided , That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate: Provided further , That funds transferred under such authority may be made available for the cost of such audits. PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 7010. (a) Computer networks None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites: Provided , That nothing in this subsection shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such websites undertaken as part of official business. (b) Prohibition on promotion of tobacco None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products (including electronic nicotine delivery systems), or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products (including electronic nicotine delivery systems), except for restrictions which are not applied equally to all tobacco or tobacco products (including electronic nicotine delivery systems) of the same type. (c) Representation and entertainment expenses Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and— (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; (3) are not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (d) Limitations on entertainment expenses None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training or Foreign Military Financing Program for Informational Program activities or under the headings Global Health Programs , Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia may be obligated or expended to pay for— (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks. AVAILABILITY OF FUNDS 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided , That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), and funds made available for United States International Development Finance Corporation and under the heading Assistance for Europe, Eurasia and Central Asia shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2022, detailing by account and source year, the use of this authority during the previous fiscal year. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE 7013. (a) Prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Notification and reimbursement of foreign taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2022 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2023 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2023, such taxes have not been reimbursed: Provided , That the Secretary of State shall report to the Committees on Appropriations not later than 30 days after enactment of this Act and then quarterly thereafter until September 30, 2022, on the foreign governments and entities that have not reimbursed such taxes, including any amount of funds withheld pursuant to this subsection. (c) De minimis exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) Reprogramming of funds Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) Determinations (1) In general The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) Consultation The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity. (f) Implementation The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions As used in this section: (1) Bilateral agreement The term bilateral agreement refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. (2) Taxes and taxation The term taxes and taxation shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff. RESERVATIONS OF FUNDS 7014. (a) Reprogramming Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided. (b) Extension of availability In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided , That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. (c) Other acts Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided , That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act. NOTIFICATION REQUIREMENTS 7015. (a) Notification of changes in programs, projects, and activities None of the funds made available in titles I, II, and VI, and under the headings Peace Corps and Millennium Challenge Corporation , of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— (1) create new programs; (2) suspend or eliminate a program, project, or activity; (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorganize, downsize, or rename bureaus, centers, or offices; or (5) contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation. (b) Notification of reprogramming of funds None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments or changes existing programs, projects, or activities; (2) relocates an existing office or employees; (3) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) Notification requirement None of the funds made available by this Act under the headings Global Health Programs , Development Assistance , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , Peace Corps , Millennium Challenge Corporation , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , International Military Education and Training , Foreign Military Financing Program , International Organizations and Programs , United States International Development Finance Corporation , and Trade and Development Agency shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation: Provided , That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further , That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a program, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the current fiscal year: Provided further , That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority. (d) Department of defense programs and funding notifications (1) Programs None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program. (2) Funding Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations. (3) Notification on excess defense articles Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further , That such Committees shall also be informed of the original acquisition cost of such defense articles. (e) Waiver The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided , That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further , That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) Country notification requirements None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Uganda, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. (g) Trust funds Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations, and such notification shall include the information specified under the heading Notification Requirements in the explanatory statement accompanying this Act. (h) Other program notification requirement (1) Diplomatic programs Funds appropriated under title I of this Act under the heading Diplomatic Programs that are made available for lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (2) Other programs Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations: (A) the Global Engagement Center; (B) the Power Africa and Prosper Africa initiatives; (C) community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act; (D) the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund; (E) the Indo-Pacific Strategy; (F) the Countering PRC Influence Fund and the Countering Russian Influence Fund; and (G) the Gender Equity and Equality Action Fund. (3) Democracy program policy and procedures Modifications to democracy program policy and procedures, including relating to the use of consortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Arms sales The reports, notifications, and certifications, and any other documents, required to be submitted pursuant to section 36(a) of the Arms Export Control Act ( 22 U.S.C. 2776 ), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries that have received assistance provided with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall be concurrently submitted to the Committees on Appropriations and shall include information about the source of funds for any sale or transfer, as applicable, if known at the time of submission. (i) Withholding of funds Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations. (j) Prior consultation requirement The Secretary of State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Chief Executive Officer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days prior to informing a government of, or publically announcing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided , That such consultation shall include a detailed justification for such suspension, including a description of the assistance being suspended. DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND RELATED CYBERSECURITY PROTECTIONS 7016. (a) Document requests None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development. (b) Records management and related cybersecurity protections The Secretary of State and USAID Administrator shall— (1) regularly review and update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools; (2) use funds appropriated by this Act under the headings Diplomatic Programs and Capital Investment Fund in title I, and Operating Expenses and Capital Investment Fund in title II, as appropriate, to improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other applicable Federal records management statutes, regulations, or policies for the Department of State and USAID; (3) direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government; (4) substantially reduce, compared to the previous fiscal year, the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); (5) strengthen cybersecurity measures to mitigate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations of the applicable reports of the cognizant Office of Inspector General; and (6) not later than September 30, 2022, submit a report to the Committees on Appropriations describing actions taken under paragraphs (4) and (5) of this subsection. USE OF FUNDS IN CONTRAVENTION OF THIS ACT 7017. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program or policy. PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. ALLOCATIONS AND REPORTS 7019. (a) Allocation tables Subject to subsection (b), funds appropriated by this Act under titles III through V shall be made available in the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided , That such designated amounts for foreign countries and international organizations shall serve as the amounts for such countries and international organizations transmitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961, and shall be made available for such foreign countries and international organizations notwithstanding the date of the transmission of such report. (b) Authorized deviations Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, may only deviate up to 10 percent from the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided , That such percentage may be exceeded only if the Secretary of State or USAID Administrator, as applicable, determines and reports to the Committees on Appropriations on a case-by-case basis that such deviation is necessary to respond to significant, exigent, or unforeseen events, or to address other exceptional circumstances directly related to the national interest of the United States, including a description of such events or circumstances: Provided further , That deviations pursuant to the preceding proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Limitation For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 653(a) of the Foreign Assistance Act of 1961, deviations authorized by subsection (b) may only take place after submission of such report. (d) Exceptions Subsections (a) and (b) shall not apply to— (1) amounts designated for International Military Education and Training in the table included in the explanatory statement accompanying this Act; (2) funds for which the initial period of availability has expired; and (3) amounts designated by this Act as minimum funding requirements. (e) Reports The Secretary of State, USAID Administrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in the explanatory statement accompanying this Act. (f) Clarification Funds appropriated by this Act under the headings International Disaster Assistance and Migration and Refugee Assistance shall not be included for purposes of meeting amounts designated for countries in this Act or in the explanatory statement accompanying this Act, unless such headings are specifically designated as the source of funds. MULTI-YEAR PLEDGES 7020. None of the funds appropriated or otherwise made available by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM 7021. (a) Lethal military equipment exports (1) Prohibition None of the funds appropriated or otherwise made available under titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ): Provided , That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further , That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (2) Determination Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States. (3) Report Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States national interest. (b) Bilateral assistance (1) Limitations Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (2) Waiver The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided , That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. AUTHORIZATION REQUIREMENTS 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency , may be obligated and expended notwithstanding section 10 of Public Law 91–672 ( 22 U.S.C. 2412 ), section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( 22 U.S.C. 6212 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ). DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 7023. For the purpose of titles II through VI of this Act program, project, and activity shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and Foreign Military Financing Program accounts, program, project, and activity shall also be considered to include country, regional, and central program level funding within each such account, and for the development assistance accounts of the United States Agency for International Development, program, project, and activity shall also be considered to include central, country, regional, and program level funding, either as— (1) justified to Congress; or (2) allocated by the Executive Branch in accordance with the report required by section 653(a) of the Foreign Assistance Act of 1961 or as modified pursuant to section 7019 of this Act. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION, AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act: Provided , That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action. COMMERCE, TRADE AND SURPLUS COMMODITIES 7025. (a) World markets None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the United States International Development Finance Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided , That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further , That this subsection shall not prohibit— (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) Exports None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided , That this subsection shall not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEPARATE ACCOUNTS 7026. (a) Separate accounts for local currencies (1) Agreements If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (b) Separate accounts for cash transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance, including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations. ELIGIBILITY FOR ASSISTANCE 7027. (a) Assistance through nongovernmental organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia : Provided , That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further , That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) Public law 480 During fiscal year 2022, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ): Provided , That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. DISABILITY PROGRAMS 7028. (a) Assistance Of the funds appropriated by this Act under the heading Development Assistance , not less than $20,000,000 shall be made available for programs and activities administered by the United States Agency for International Development to implement a multi-year strategy to address the needs and protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, transportation, sports, political and electoral participation, and integration of individuals with disabilities, including for the cost of translation: Provided , That of such funds, not less than $5,000,000 shall be made available to support disability rights advocacy organizations in developing countries: Provided further , That the USAID Administrator shall consult with the Committees on Appropriations on a multi-year strategy prior to the initial obligation of funds. (b) Management, oversight, and technical support Of the funds made available pursuant to this section, 5 percent may be used by USAID for management, oversight, and technical support. INTERNATIONAL FINANCIAL INSTITUTIONS 7029. (a) Evaluations and report The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to adopt and implement a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 35 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis: Provided , That not later than 45 days after enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations on steps taken in fiscal year 2021 by the United States executive directors and the international financial institutions consistent with this subsection compared to the previous fiscal year. (b) Safeguards (1) Standard The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to use the voice and vote of the United States to oppose any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. (2) Accountability, standards, and best practices The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose loans or other financing for projects unless such projects— (A) provide for accountability and transparency, including the collection, verification, and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected Indigenous communities; (C) do not provide incentives for, or facilitate, forced displacement or other violations of human rights; and (D) do not partner with or otherwise involve enterprises owned or controlled by the armed forces. (c) Compensation None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Governance The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to— (1) oppose loans, grants, credits, guarantees, and other financing, except to address basic human needs, to a country if the Secretary has credible information that the government of such country is not making consistent progress in reducing corruption including— (A) bringing to justice public officials who have engaged in significant acts of corruption; (B) supporting judicial independence, including the transparent selection of judges; and (C) protecting the ability of civil society organizations to advocate for anti-corruption laws and policies without interference. (2) include in loan, grant, credit, guarantee, and other financing agreements benchmarks for improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption; and (3) promote human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution as specified under this subsection in the explanatory statement accompanying this Act: Provided , That prior to voting on any such loan, grant, policy, or strategy the executive director shall consult with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, if the executive director has reason to believe that such loan, grant, policy, or strategy could result in forced displacement or other violation of human rights. (e) Beneficial ownership information The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to collect, verify, and publish, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds from any such financial institution: Provided , That not later than 45 days after enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations on steps taken in fiscal year 2021 by the United States executive directors and the international financial institutions consistent with this subsection compared to the previous fiscal year. (f) Whistleblower protections The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage each such institution to effectively implement and enforce policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to binding independent adjudicative bodies, including shared cost and selection external arbitration; and (5) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment. (g) Grievance mechanisms and procedures The Secretary of the Treasury or the Secretary of State, as appropriate, shall instruct the United States executive director of, or representative to, each international financial institution, each United Nations agency, and the Organization of American States to use the voice and vote of the United States to support the establishment or enhancement of independent investigative and adjudicative mechanisms and procedures which meet or exceed best practices in the United States, to provide due process and fair compensation, including the right to reinstatement, for employees who are subjected to harassment, discrimination, retaliation, false allegations, or other misconduct. (h) Capital increases None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs should be made available to support a capital increase for an international financial institution until the President submits a budget request for such increase to the Congress and certifies and reports to the Committees on Appropriations that— (1) the institution has completed a thorough analysis of the development challenges facing the relevant geographical region, the role of the institution in addressing such challenges and its role relative to other financing partners, and the steps to be taken to enhance the efficiency and effectiveness of the institution; (2) governors of such institution representing countries holding a majority of shares of such institution have voted to support the capital increase; and (3) in order for a country to be eligible to receive a loan, grant, credit, guarantee, or other financing resulting from the capital increase, the government of the country is making consistent progress in reducing corruption including— (A) bringing to justice public officials who have engaged in significant acts of corruption; (B) supporting judicial independence, including the transparent selection of judges; and (C) protecting the ability of civil society organizations to advocate for anti-corruption laws and policies without interference. INSECURE COMMUNICATIONS NETWORKS 7030. Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and Cybersecurity Partnership, to— (1) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs; (2) counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; and (3) provide policy and technical training on deploying open, interoperable, reliable, and secure networks to information communication technology professionals in countries receiving assistance under this Act, as appropriate: Provided , That such funds may be used to support the participation of foreign military officials in programs designed to strengthen civilian cybersecurity capacity, following consultation with the Committees on Appropriations. FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 7031. (a) Limitation on direct government-to-Government assistance (1) Requirements Funds appropriated by this Act may be made available for direct government-to-government assistance only if the requirements included in section 7031(a)(1)(A) through (E) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ) are met. (2) Consultation and notification In addition to the requirements in paragraph (1), funds may only be made available for direct government-to-government assistance subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further , That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. (3) Suspension of assistance The Administrator of the United States Agency for International Development or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) Submission of information The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2023 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance. (5) Debt service payment prohibition None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution. (b) National budget and contract transparency (1) Report renamed The Fiscal Transparency Report required by section 7031(b)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ) shall hereafter be referred to as the Fiscal Transparency and Anti-Corruption Report . (2) Minimum requirements of fiscal transparency and reducing corruption The Secretary of State shall update and strengthen the minimum requirements of fiscal transparency for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ), and establish, for purposes of the report renamed under paragraph (1), minimum requirements for reducing corruption, including bringing to justice public officials who have engaged in significant acts of corruption. (3) Determination and report For each government identified pursuant to paragraph (2), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of significant progress or no significant progress in meeting the minimum requirements of fiscal transparency and reducing corruption, and make such determinations publicly available in an annual Fiscal Transparency and Anti-Corruption Report to be posted on the Department of State website: Provided , That such report shall include the elements specified under this section in the explanatory statement accompanying this Act. (4) Assistance Funds appropriated by this Act under the heading Economic Support Fund shall be made available for programs and activities to assist governments identified in the report referenced in paragraph (1) in improving budget transparency, including not less than $10,000,000 to support civil society organizations in such countries that advocate for laws and policies to improve budget transparency and reduce corruption. (c) Anti-Kleptocracy and human rights (1) Ineligibility (A) Current and former government officials, or persons acting for or on behalf of such an official, and their immediate family members, about whom the Secretary of State has credible information are responsible for or knowingly complicit in, directly or indirectly, significant acts of corruption, including corruption related to the extraction of natural resources, or a serious violation of human rights, including the unjust or wrongful detention of members of political parties, journalists, civil society leaders, locally employed staff of a United States diplomatic mission, or a United States citizen or national, shall be ineligible for entry into the United States. (B) Concurrent with the application of subparagraph (A), the Secretary should, as appropriate, request the Secretary of the Treasury, through the Office of Foreign Assets Control, to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in subparagraph (A). (C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2) Exception Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided , That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. (3) Waiver The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Report Not later than 30 days after enactment of this Act, and every 90 days thereafter until September 30, 2022, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Posting of report Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website. (6) Clarification For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. (d) Extraction of natural resources (1) Assistance Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2052) and the amendments made by such section, and to prevent the sale of conflict diamonds and other conflict minerals, and for technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management. (2) Public disclosure and independent audits (A) The Secretary of the Treasury shall instruct the executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph. (e) Foreign assistance website Funds appropriated by this Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United States Government foreign assistance on the ForeignAssistance.gov website: Provided , That all Federal agencies funded under this Act shall provide such information on foreign assistance, upon request and in a timely manner, to the Department of State and USAID. DEMOCRACY PROGRAMS 7032. (a) Funding (1) In general Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $2,600,000,000 should be made available for democracy programs. (2) Programs Of the funds made available for democracy programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia pursuant to paragraph (1), not less than $102,040,000 shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State. (b) Authorities (1) Availability Funds made available by this Act for democracy programs pursuant to subsection (a) and under the heading National Endowment for Democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (2) Beneficiaries Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164 ), including all decisions regarding the selection of beneficiaries. (c) Definition of democracy programs For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens. (d) Restriction on prior approval and disclosure of names With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided , That notwithstanding the requirements of any bilateral agreement between the United States and a foreign country, the names of implementing partners of such programs shall also not be disclosed to any foreign government the Secretary of State determines is undemocratic or has engaged in or condoned harassment, threats, or attacks against such organizations: Provided further , That the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, on steps taken by the Department of State and USAID to comply with the requirements of this subsection. (e) Digital security and countering disinformation (1) Democracy programs supported with funds appropriated by this Act under subsection (a)(1) should include, as appropriate— (A) a component on digital security to enhance the safety of implementers and beneficiaries; (B) assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means; (C) efforts to combat weaponized technology, including the misuse of social media to spread disinformation or incite hate; and (D) measures to prevent the digital manipulation of elections, electoral data, and critical infrastructure. (2) Such programs should incorporate activities, as appropriate, to counter disinformation propagated by malign actors, including the People’s Republic of China and the Russian Federation. (f) Informing the national endowment for democracy The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (g) Protection of civil society activists and journalists, independence of the media, and freedom of expression (1) Operations Funds appropriated by this Act under the heading Diplomatic Programs shall be made available for the Bureau of Democracy, Human Rights, and Labor, Department of State, and funds appropriated under the heading Operating Expenses shall be made available for the Bureau for Development, Democracy, and Innovation, USAID, for the costs of administering programs to protect civil society activists and journalists, independence of the media, and freedom of expression. (2) Assistance Of the funds appropriated by this Act under the headings Development Assistance , Democracy Fund , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia , not less than $55,000,000 shall be made available to support and protect civil society activists and journalists who have been threatened, harassed, or attacked, including journalists affiliated with the United States Agency for Global Media, and to promote and defend independence of the media and freedom of expression, consistent with the Update of the Action Plan for Protection of Civil Society Activists and Journalists (March 2021) required under section 7032(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ): Provided , That such funds shall be subject to prior consultation with the Committees on Appropriations. INTERNATIONAL RELIGIOUS FREEDOM 7033. (a) International religious freedom office Funds appropriated by this Act under the heading Diplomatic Programs shall be made available for the Office of International Religious Freedom, Department of State. (b) Assistance Funds appropriated by this Act under the headings Economic Support Fund , Democracy Fund , and International Broadcasting Operations shall be made available for international religious freedom programs: Provided , That funds made available by this Act under the headings Economic Support Fund and Democracy Fund pursuant to this section shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees on Appropriations. (c) Authority Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund may be made available notwithstanding any other provision of law for assistance for ethnic and religious minorities, including in Iraq, Sri Lanka, and Syria. (d) Designation of non-State actors Section 7033(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2022. SPECIAL PROVISIONS 7034. (a) Victims of war, displaced children, and displaced burmese Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Forensic assistance (1) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $20,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: Provided , That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries. (2) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement may be made available for DNA forensic technology programs to combat human trafficking, including in Central America and Mexico. (c) Atrocities prevention Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $5,000,000 shall be made available for programs to prevent atrocities, including to implement recommendations of the Atrocities Prevention Board: Provided , That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: Provided further , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (d) World food programme Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. (e) Directives and authorities (1) Research and training Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia should be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501 et seq. ). (2) Genocide victims memorial sites Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. (3) Private sector partnerships Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are made available for private sector partnerships, including partnerships with philanthropic foundations, up to $50,000,000 may remain available until September 30, 2024: Provided , That funds made available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Additional authorities Of the amounts made available by title I of this Act under the heading Diplomatic Programs , up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ), including to facilitate collaboration with Indigenous communities. (5) Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ): Provided , That each individual award may not exceed $100,000: Provided further , That no more than 15 such awards may be made during fiscal year 2022. (6) Development innovation ventures Funds appropriated by this Act under the heading Development Assistance and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961. (7) Exchange visitor program None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 ( Public Law 87–256 ; 22 U.S.C. 2451 et seq. ), except through the formal rulemaking process pursuant to the Administrative Procedure Act ( 5 U.S.C. 551 et seq. ) and notwithstanding the exceptions to such rulemaking process in such Act: Provided , That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States: Provided further , That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program. (8) Export-import bank (A) Section 6(a)(3) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a)(3) ) shall be applied through September 30, 2022, by substituting 4 percent for 2 percent in each place it appears. (B) Section 8(g) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g) ) shall be applied through September 30, 2022, by substituting 4 percent for 2 percent in each place it appears. (f) Partner vetting Prior to initiating a partner vetting program, or making a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: Provided , That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary of State or USAID Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program: Provided further , That the Secretary or the Administrator, as appropriate, shall consult with such Committees prior to providing a direct vetting option. (g) Contingencies During fiscal year 2022, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (h) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. (i) Transfer of funds for extraordinary protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials unobligated balances of expired funds appropriated under the heading Diplomatic Programs for fiscal year 2022, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: Provided , That not more than $50,000,000 may be transferred. (j) Authority Funds made available by this Act under the heading Economic Support Fund to counter extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 502B, 620A, and 620M of the Foreign Assistance Act of 1961: Provided , That the use of the authority of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations. (k) Protections and remedies for employees of diplomatic missions and international organizations The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ) shall continue in effect during fiscal year 2022. (l) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by substituting September 30, 2022 for September 30, 2010 . (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2022. (3) USAID civil service annuitant waiver Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) ) shall be applied by substituting September 30, 2022 for October 1, 2010 in subparagraph (B). (4) Overseas pay comparability and limitation (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2022. (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Categorical eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— (A) in section 599D ( 8 U.S.C. 1157 note)— (i) in subsection (b)(3), by striking and 2021 and inserting 2021, and 2022 ; and (ii) in subsection (e), by striking 2021 each place it appears and inserting 2022 ; and (B) in section 599E(b)(2) ( 8 U.S.C. 1255 note), by striking 2021 and inserting 2022 . (6) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2022, and may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (7) Special inspector general for afghanistan reconstruction competitive status Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. (8) Transfer of balances Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2022. (9) Department of state inspector general waiver authority The Inspector General of the Department of State may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (m) Monitoring and evaluation (1) Beneficiary feedback Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings Development Assistance , Economic Support Fund , International Disaster Assistance , and Migration and Refugee Assistance shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: Provided , That not later than 90 days after enactment of this Act, the Department of State and USAID shall post on their respective websites updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: Provided further , That the Secretary of State and USAID Administrator shall regularly conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance, and submit a report to the Committees on Appropriations not later than 90 days after enactment of this Act, and annually thereafter until September 30, 2027, on the results of such oversight. (2) Ex-Post evaluations Of the funds appropriated by this Act under titles III and IV, not less than $10,000,000 shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded assistance programs: Provided , That not later than 60 days after enactment of this Act, the Secretary of State and USAID Administrator shall consult with the Committees on Appropriations on the criteria for selecting countries and programs to be evaluated, and the methodology for conducting such evaluations and applying lessons learned in future program design. (n) Loans, consultation, and notification (1) Loan guarantees Funds appropriated under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine, which are authorized to be provided: Provided , That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (2) Consultation and notification Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (o) Local works (1) Funding Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not less than $100,000,000 shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), which may remain available until September 30, 2026. (2) Eligible entities For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), eligible entities shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years: Provided , That departments or centers of such educational institutions may be considered individually in determining such eligibility. (p) Extension of procurement authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect during fiscal year 2022. (q) Section 889 For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, and funds appropriated under section 10003 of the American Rescue Plan Act, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) may also be available to the Secretary of State and USAID Administrator, as appropriate. (r) Protective services The terms and conditions of section 7070 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ), with the exception of the last proviso, shall apply to this Act. (s) Definitions (1) Appropriate congressional committees Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. (2) Funds appropriated by this act and prior acts Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs means funds that remain available for obligation, and have not expired. (3) International financial institutions In this Act international financial institutions means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. (4) Spend plan In this Act, the term spend plan means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; (B) amounts and sources of funds by account; (C) how such funds will complement other ongoing or planned programs; and (D) implementing partners, to the maximum extent practicable. (5) Successor operating unit Any reference to a particular USAID operating unit or office in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit or office performing the same or similar functions. (6) USAID In this Act, the term USAID means the United States Agency for International Development. LAW ENFORCEMENT AND SECURITY 7035. (a) Assistance (1) Community-based police assistance Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (2) Counterterrorism partnerships fund Funds appropriated by this Act under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available for the Counterterrorism Partnerships Fund for programs in areas liberated from, under the influence of, or adversely affected by, the Islamic State of Iraq and Syria or other terrorist organizations: Provided , That such areas shall include the Kurdistan Region of Iraq: Provided further , That prior to the obligation of funds made available pursuant to this paragraph, the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such funds: Provided further , That funds made available pursuant to this paragraph shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (3) Combat casualty care (A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, 1 percent of the funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program shall be designated for combat casualty training and equipment. (B) The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : Provided , That the requirement of this subparagraph shall apply to a country in conflict, unless the Secretary determines that such country has in place, to the maximum extent practicable, functioning combat casualty care treatment and equipment that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care: Provided further , That any such training and equipment for combat casualty care shall be made available through an open and competitive process. (4) Training related to international humanitarian law The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : Provided , That the requirement of this paragraph shall not apply to a country that is a member of the North Atlantic Treaty Organization (NATO), is a major non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961, or is complying with international humanitarian law: Provided further , That any such training shall be made available through an open and competitive process. (5) Security force professionalization Unobligated balances from funds appropriated by prior Acts making appropriations for the Department of State, foreign operations, and related programs, except for funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, under the headings International Narcotics Control and Law Enforcement and Peacekeeping Operations , shall be made available to increase the capacity of foreign military and law enforcement personnel to operate in accordance with appropriate standards relating to human rights and the protection of civilians as specified under this section in the explanatory statement accompanying this Act, following consultation with the Committees on Appropriations: Provided , That funds made available pursuant to this paragraph shall be made available through an open and competitive process. (6) International prison conditions Funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be made available for assistance to eliminate inhumane conditions and reduce pre-trial detention in foreign prisons and other detention facilities, notwithstanding section 660 of the Foreign Assistance Act of 1961, including not less than $20,000,000 under the heading International Narcotics Control and Law Enforcement : Provided , That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after enactment of this Act: Provided further , That such funds shall be in addition to funds otherwise made available by this Act for such purposes. (b) Authorities (1) Reconstituting civilian police authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (2) Disarmament, demobilization, and reintegration Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2022. (3) Extension of war reserves stockpile authority Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2025. . (4) Commercial leasing of defense articles Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act ( 22 U.S.C. 2763 ) may be used to provide financing to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. (5) Special defense acquisition fund Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act ( 22 U.S.C. 2795(c)(2) ) for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2024: Provided , That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State. (6) Duty to inform and public disclosure Section 620M of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended as follows— (A) In subsection (b), by striking Committee on Foreign Relations through Appropriations and inserting in lieu thereof appropriate congressional committees . (B) In subsection (c), by striking everything after Duty to Inform.— and inserting— (1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective September 30, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition. (2) In the event that assistance is withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government and the appropriate congressional committees of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the unit to justice. . (C) After subsection (d), by inserting the following new subsection: (e) Definitions (1) For the purposes of subsection (d)(7), the term to the maximum extent practicable means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form. (2) For the purposes of this section, appropriate congressional committees means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. . (7) Oversight and accountability (A) Prior to the signing of a new Letter of Offer and Acceptance (LOA) involving funds appropriated under the heading Foreign Military Financing Program , the Secretary of State shall consult with each recipient government to confirm that the LOA between the United States and such recipient government complies with the purposes of section 4 of the Arms Export Control Act ( 22 U.S.C. 2754 ) and that the defense articles, services, and training procured with funds appropriated under such heading are consistent with United States national security and foreign policy interests. (B) The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement. (C) None of the funds appropriated by this Act may be used to issue licenses, or assist another Federal agency in issuing licenses, for the sale or export of firearms or ammunition to a government security force in Mexico or Central America unless the Secretary of State determines and reports to the appropriate congressional committees that such government— (i) is implementing end use agreements, including providing end user certificates, to prevent the transfer of such firearms or ammunition to individuals or units implicated in serious crimes or not authorized in such agreements or certificates to receive such items; and (ii) will maintain a record of the users of such firearms and ammunition for the purpose of regular audits. (c) Limitations (1) Child soldiers Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. (2) Landmines and cluster munitions (A) Landmines Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. (B) Cluster munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (i) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (ii) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. (3) Congressional budget justifications Of the funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act and made available for obligation for expenses incurred by the Department of Defense, Defense Security Cooperation Agency (DSCA) during fiscal year 2022 pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ), $25,000,000 shall be withheld from obligation until the DSCA, jointly with the Department of State, submits to the Committees on Appropriations the congressional budget justification for funds requested under the heading Foreign Military Financing Program for fiscal years 2022 and 2023, including the accompanying classified appendices. (4) Crowd control items Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for a unit of a foreign security force if the Secretary of State has credible information that such unit uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment, or the fairness of electoral processes, or in countries that the Secretary determines are undemocratic or undergoing democratic transition. (d) Reports (1) Security assistance report Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2021, by country and purpose of assistance, under the headings Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program . (2) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally: Provided , That such third-country training shall be clearly identified in the report submitted pursuant to section 656 of such Act. ARAB LEAGUE BOYCOTT OF ISRAEL 7036. It is the sense of the Congress that— (1) the Arab League boycott of Israel remains a symbolic impediment to trade and investment in the Middle East and should be terminated forthwith; (2) Arab states and Israel have made important progress through peace treaties and the Abraham Accords, opening a path toward a more peaceful Middle East; (3) all Arab League states should join Egypt, Jordan, the United Arab Emirates, Bahrain, Morocco, and Sudan in establishing and normalizing relations with Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel; and (5) the President should support broadening and deepening participation in the Abraham Accords, and report annually to the appropriate congressional committees on the United States Government’s strategy and steps being taken by the United States to encourage additional Arab League and other Muslim-majority states to normalize relations with Israel. PALESTINIAN STATEHOOD 7037. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority ). PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. ASSISTANCE FOR THE WEST BANK AND GAZA 7039. (a) Oversight For fiscal year 2022, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund for the West Bank and Gaza. (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided , That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity. (c) Prohibition (1) Recognition of acts of terrorism None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for— (A) the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and (B) any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism. (2) Security assistance and reporting requirement Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on— (A) the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks; and (B) the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes. (d) Oversight by the united states agency for international development (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act, up to $1,300,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection. (e) Comptroller general of the united states audit Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2022 under the heading Economic Support Fund , and such audit shall address— (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Notification procedures Funds made available in this Act for the West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States. (c) Period of application of waiver Any waiver pursuant to subsection (b) shall be effective for not more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided , That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle terrorist infrastructure. (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State shall certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to hamas and the palestine liberation organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ) with respect to this subsection. (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided , That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. MIDDLE EAST AND NORTH AFRICA 7041. (a) Egypt (1) Certification and report Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and sections 502B and 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) Economic support fund Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $125,000,000 shall be made available for assistance for Egypt, of which not less than $40,000,000 should be made available for higher education programs, including not less than $15,000,000 for scholarships for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that are currently accredited by a regional accrediting agency recognized by the United States Department of Education, or meets standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by such Department: Provided , That such funds shall be made available for democracy programs, and for development programs in the Sinai: Provided further , That such funds may not be made available for cash transfer assistance or budget support. (3) Foreign military financing program (A) Certification Of the funds appropriated by this Act under the heading Foreign Military Financing Program , $1,300,000,000, to remain available until September 30, 2023, should be made available for assistance for Egypt: Provided , That such funds may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations, and the uses of any interest earned on such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That $225,000,000 of such funds shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt is making consistent progress in— (i) strengthening the rule of law, democratic institutions, and human rights in Egypt, including protecting religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implementing reforms that protect freedom of expression, association, and assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (iii) holding Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (iv) investigating and prosecuting cases of torture, extrajudicial killings, and forced disappearances; and (v) providing regular access for United States officials to monitor such assistance in the North Sinai and other areas where the assistance is used. (B) Waiver The Secretary of State may waive the certification requirement with respect to the withholding of funds in subparagraph (A), in whole or in part, if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met: Provided , That the report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. (C) In addition to the funds withheld pursuant to subparagraph (A)— (i) $75,000,000 of the funds made available pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making consistent progress in ending arbitrary detention and the mistreatment of prisoners, and releasing political prisoners, and is not engaging in a pattern of intimidation or harassment as referenced in 22 U.S.C. 2756 ; and (ii) the Secretary of State shall take the necessary steps to ensure that the Government of Egypt provides for timely and fair compensation for injuries and losses suffered by American citizens as a result of actions by the Egyptian military. (b) Iran (1) Funding Funds appropriated by this Act under the headings Diplomatic Programs , Economic Support Fund , and Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available to support: (A) the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; (B) an expeditious response to any violation of UN Security Council Resolutions or to efforts that advance Iran's nuclear program; (C) the implementation and enforcement of sanctions against Iran for its support of nuclear weapons development, terrorism, human rights abuses, and ballistic missile and weapons proliferation; and (D) democracy programs for Iran, to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor. (2) Reports (A) Semi-annual report The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e(d)(4) ), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 ( Public Law 114–17 ). (B) Sanctions report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on— (i) the status of United States bilateral sanctions on Iran; (ii) the reimposition and renewed enforcement of secondary sanctions; and (iii) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. (c) Iraq (1) Purposes Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for— (A) bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; (B) stabilization assistance, including in Anbar Province; (C) programs to support government transparency and accountability, judicial independence, protect the right of due process, and combat corruption; (D) humanitarian assistance, including in the Kurdistan Region of Iraq; and (E) programs to protect and assist religious and ethnic minority populations in Iraq. (2) Limitations The Secretary of State shall ensure that funds appropriated under title IV of this Act that are made available for assistance for Iraqi security forces are monitored in accordance with sections 502B and 620M of the Foreign Assistance Act of 1961. (d) Israel (1) Of the funds appropriated by this Act under the heading Foreign Military Financing Program , not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act: Provided , That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $785,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. (2) Of the funds appropriated by this Act under the heading Migration and Refugee Assistance , $5,000,000 shall be made available for refugees resettling in Israel. (e) Jordan Of the funds appropriated by this Act under titles III and IV, not less than $1,250,000,000 shall be made available for assistance for Jordan: Provided , That up to an additional $400,000,000 under the heading Economic Support Fund may be made available for assistance for Jordan, including for budget support. (f) Lebanon (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided , That such funds made available under the heading Economic Support Fund may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 2346 note). (2) Security assistance (A) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program that are made available for assistance for Lebanon may be made available for programs and equipment for the Lebanese Internal Security Forces (ISF) and the Lebanese Armed Forces (LAF) to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees. (B) Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Lebanon may only be made available for programs to— (i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) strengthen border security and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and (iii) implement United Nations Security Council Resolution 1701: Provided , That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961: Provided further , That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment. (3) Limitation None of the funds appropriated by this Act may be made available for the ISF or the LAF if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (g) Libya Funds appropriated under titles III and IV of this Act shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: Provided , That the limitation on the uses of funds for certain infrastructure projects in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ) shall apply to such funds. (h) Saudi arabia (1) Prohibition on assistance None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the Government of Saudi Arabia. (2) Export-import bank None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia— (A) has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ); (B) has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and (C) has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency. (i) Syria (1) Non-lethal assistance Funds appropriated by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , and Peacekeeping Operations , may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons investigations. (2) Limitations Funds made available pursuant to paragraph (1) of this subsection— (A) may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )), or a proxy of Iran in Syria; (B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security interests; and (C) should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. (3) Authority The President may exercise the authority of sections 552(c) and 610 of the Foreign Assistance Act of 1961 to provide assistance for Syria, notwithstanding any other provision of law and without regard to the percentage and dollar limitations in such sections. (4) Consultation and notification Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (j) Tunisia (1) Assistance Funds appropriated under titles III and IV of this Act should be made available for assistance for Tunisia to implement the reforms enumerated in section 7041(m)(1) through (4) of this Act. (2) Report Prior to the obligation of funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Tunisia but not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on whether— (A) the Tunisian military has participated in or otherwise supported the democratic backsliding in Tunisia; (B) the Government of Tunisia is using or relying on the military to reinforce its autocratic actions; and (C) the government is taking credible steps to restore constitutional order and democratic governance, including respecting freedom of expression, association, and the press, and the rights of members of political parties. (k) West bank and gaza (1) Assistance Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $225,000,000 shall be made available for programs in the West Bank and Gaza, including for water, sanitation, and other municipal infrastructure improvements. (2) Report Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (3) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act— (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B) (i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 ) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act— (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and (II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians. (ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided , That any waiver of the provisions of section 1003 of Public Law 100–204 under clause (i) of this subparagraph or under previous provisions of law must expire before the waiver under this clause may be exercised. (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (4) Application of taylor force act Funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141 ). (l) Western sahara (1) Funds appropriated by this Act under titles I through IV shall be made available for assistance for the Western Sahara, including to support diplomatic efforts to facilitate a political settlement of the conflict in the Western Sahara. (2) None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be used to support the construction or operation in the Western Sahara of a United States consulate. (m) Economic and governance reforms Prior to the initial obligation of funds appropriated by this Act under the heading Economic Support Fund for assistance for the governments of Egypt, Jordan, Lebanon, and Tunisia, but not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the extent to which each government is making consistent progress in increasing equitable economic growth and opportunity, improving governance, and reducing corruption, including by— (1) implementing free market and civil service reforms, raising revenue to support public utilities and services, and reducing subsidies; (2) improving transparency and accountability to reduce waste, enhance efficiencies, and prevent conflicts of interest and other corrupt practices related to public service and expenditures; (3) enforcing laws and policies that protect freedom of expression, association, and the press, and the right of due process; and (4) strengthening judicial independence, including the transparent selection of judges. AFRICA 7042. (a) African great lakes region assistance restriction Funds appropriated by this Act under the heading International Military Education and Training for the central government of a country in the African Great Lakes region may be made available only for Expanded International Military Education and Training and professional military education until the Secretary of State determines and reports to the Committees on Appropriations that such government is not facilitating or otherwise participating in destabilizing activities in a neighboring country, including aiding and abetting armed groups. (b) Ethiopia (1) Prohibition None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Ethiopia. (2) Restrictions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution— (A) to use the voice and vote of the United States to oppose any loan or extension of financial or technical assistance to the Government of Ethiopia; and (B) to work with other key donor countries to develop a coherent policy for future engagement with, and lending to, the Government of Ethiopia, in a manner that protects human rights and promotes peace and reconciliation. (3) Exception The restrictions under paragraph (2) shall not apply— (A) with respect to loans or financial or technical assistance for humanitarian purposes or to support projects that meet basic human needs; and (B) on or after the date that is 30 days after the Secretary of State determines and reports to the appropriate congressional committees that the Government of Ethiopia has— (i) ceased all offensive military operations; (ii) taken credible and sustained steps toward a genuine political dialogue to end the conflict; (iii) implemented measures to protect human rights and ensure adherence to international humanitarian law and international refugee law; (iv) continuously allowed unimpeded humanitarian access; and (v) cooperated with independent investigations of serious violations of human rights. (c) Democratic republic of the congo Of the funds appropriated under titles III and IV of this Act, not less than $325,000,000 shall be made available for assistance for the Democratic Republic of the Congo (DRC) for stabilization, global health, and bilateral economic assistance, including in areas affected by, and at risk from, the Ebola virus disease: Provided , That such funds shall also be made available to support security, stabilization, development, and democracy in Eastern DRC: Provided further , That funds appropriated by this Act under the headings Peacekeeping Operations and International Military Education and Training that are made available for such purposes may be made available notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961. (d) Mozambique Of the funds appropriated under titles III and IV of this Act, not less than $537,500,000 shall be made available for assistance for Mozambique, including for stabilization, global health, and bilateral economic assistance in areas affected by violent extremism. (e) South sudan (1) Assistance Funds appropriated under title III of this Act that are made available for assistance for South Sudan should be made available for democracy programs and for conflict mitigation and reconciliation programs. (2) Limitation on assistance for the central government Funds appropriated by this Act that are made available for assistance for the central Government of South Sudan may only be made available, following consultation with the Committees on Appropriations, for— (A) humanitarian assistance; (B) health programs, including to prevent, detect, and respond to infectious diseases; (C) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and (D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement, and subsequent and mutual arrangements related to such agreement, or any other internationally recognized viable peace agreement in South Sudan: Provided , That prior to the initial obligation of funds made available pursuant to subparagraphs (C) and (D), the Secretary of State shall consult with the Committees on Appropriations on the intended uses of such funds and steps taken by such government to advance or implement a peace agreement. (f) Sudan (1) Assistance Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, except funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act, may be made available for assistance for Sudan notwithstanding any other provision of law except sections 502B and 620M of the Foreign Assistance Act of 1961, the Trafficking Victims Protection Act of 2000, and the Child Soldiers Prevention Act of 2008. (2) Limitation None of the funds appropriated under title IV of this Act may be made available for military assistance for Sudan except with the consent of relevant civilian transitional authorities, and only for— (A) Expanded International Military Education and Training and professional military education; (B) security sector reform; and (C) assistance to support implementation of outstanding issues of the Juba Peace Agreement, Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in Sudan. (3) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. (g) Zimbabwe (1) Instruction The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan, credit, grant, or guarantee for Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Zimbabwe is making consistent progress in strengthening democratic institutions and protecting freedom of expression, association, and assembly. (2) Limitation None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1). EAST ASIA AND THE PACIFIC 7043. (a) Burma (1) Uses of funds Of the funds appropriated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— (A) may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees; (B) may be made available for support for the administrative operations and programs of the National Unity Government of the Republic of the Union of Myanmar (NUG), the Civil Disobedience Movement, and other entities promoting democracy, following consultation with the appropriate congressional committees: Provided , That such administrative operations support for the NUG may only be made available for the Ministry of Human Rights and the Ministry of Women, Youths and Children Affairs; (C) shall be made available for programs to promote ethnic and religious tolerance and to combat gender-based violence, including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, and Shan states; (D) shall be made available for community-based organizations with experience operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance ; (E) shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta; (F) may not be made available for assistance for the State Administration Council; (G) may not be made available to any organization or entity controlled by the military junta in Burma, or to any individual or organization that has committed, or is credibly alleged to have committed, a gross violation of human rights or who advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democracy (NED) for programs administered by NED; and (H) may not be made available for assistance under the headings International Military Education and Training and Foreign Military Financing Program . (2) Consultation Any new program or activity in Burma initiated in fiscal year 2022 shall be subject to prior consultation with the appropriate congressional committees. (b) Cambodia (1) Assistance Of the funds appropriated under title III of this Act, not less than $82,505,000 shall be made available for assistance for Cambodia. (2) Certification and exceptions (A) Certification None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective steps to— (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (ii) assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the Dara Sakor development project; (iii) cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and (iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. (B) Exceptions The certification required by subparagraph (A) shall not apply to funds appropriated by this Act and made available for democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence activities of the People’s Republic of China in Cambodia. (3) Uses of funds Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— (A) research, documentation, and education programs associated with the Khmer Rouge in Cambodia; (B) assistance for survivors of the Khmer Rouge; and (C) programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influence in Cambodia. (c) Indo-Pacific strategy and the asia reassurance initiative act of 2018 (1) Assistance Of the funds appropriated under titles III and IV of this Act, not less than $1,605,105,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ). (2) Countering prc influence fund Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program , not less than $300,000,000 shall be made available for a Countering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations: Provided , That such funds are in addition to amounts otherwise made available for such purposes: Provided further , That such funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings: Provided further , That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations. (3) Restriction on uses of funds None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that directly supports or promotes— (A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and (B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States. (d) Laos Of the funds appropriated by this Act under titles III and IV, not less than $85,000,000 shall be made available for assistance for Laos, of which not less than— (1) $7,500,000 shall be made available for maternal and child health and nutrition programs; (2) $1,500,000 shall be made available for health/disability programs in areas sprayed with Agent Orange; (3) $1,500,000 shall be made available for assessments to determine the extent of dioxin contamination at former United States military sites in Laos, and the feasibility and cost of remediation; and (4) $45,000,000 shall be made available for demining and unexploded ordnance clearance activities. (e) North korea (1) Cybersecurity None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: Provided , That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ; 22 U.S.C. 9229 ) to the Committees on Appropriations: Provided further , That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of such interest served. (2) Broadcasts Funds appropriated by this Act under the heading International Broadcasting Operations shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year. (3) Human rights Funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund shall be made available for the promotion of human rights in North Korea: Provided , That the authority of section 7032(b)(1) of this Act shall apply to such funds. (4) Limitation on use of funds None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea. (f) People's republic of china (1) Limitation on use of funds None of the funds appropriated under the heading Diplomatic Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (2) People's liberation army The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. (3) Hong kong (A) Democracy programs Of the funds appropriated by this Act under the first paragraph under the heading Democracy Fund , not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists. (B) Restrictions on assistance None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Hong Kong should be obligated for assistance for the Government of the People’s Republic of China and the Chinese Communist Party or any entity acting on their behalf in Hong Kong. (C) Report Funds appropriated under title I of this Act shall be made available to prepare and submit to Congress the report required by section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ), which shall include the information described in section 7043(f)(4)(B) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ) and under section 7043(f)(3)(C) in the explanatory statement described in section 4 in the matter preceding division A of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ). (4) Clarification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for programs in the People’s Republic of China may be used to counter the impact of Chinese influence and investments in the Greater Mekong Subregion, following consultation with the Committees on Appropriations. (g) Philippines None of the funds appropriated by this Act may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction: Provided , That funds appropriated by this Act under the heading Foreign Military Financing Program should only be made available for maritime security and domain awareness: Provided further , That not later than 45 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations the report required under this heading in the explanatory statement accompanying this Act. (h) Tibet (1) Multilateral financing of projects in tibet The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Programs for tibetan communities (A) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $13,000,000 shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China. (B) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $7,000,000 shall be made available for programs to promote and preserve Tibetan culture and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided , That such funds are in addition to amounts made available in subparagraph (A) for programs inside Tibet. (C) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $3,000,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration: Provided , That such funds shall be administered by the United States Agency for International Development. (D) Funds made available pursuant to this paragraph may be made available notwithstanding any other provision of law. (3) Tibetan institutes promoting democracy and religious freedom Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for the Countering PRC Influence Fund, not less than $3,000,000 shall be made available, on a competitive basis, as grants for operations and program expenses of one or more Tibetan institutes established by Tibetan nationals and located in Asia, a purpose of which is to support democracy and religious freedom in Tibet and the People’s Republic of China and to counter the influence of Confucius Institutes: Provided , That such funds shall be the responsibility of the Assistant Secretary of State for Democracy, Human Rights, and Labor, and shall be in addition to funds otherwise made available for such purposes. (i) Vietnam Of the funds appropriated under titles III and IV of this Act, not less than $181,000,000 shall be made available for assistance for Vietnam, of which not less than— (1) $15,000,000 shall be made available for health and disability programs related to the use of Agent Orange and exposure to dioxin, to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities; (2) $19,000,000 shall be made available for demining and unexploded ordnance clearance activities; (3) $20,000,000 shall be made available, notwithstanding any other provision of law, for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes; (4) $2,000,000 shall be made available for a war legacy reconciliation program; and (5) $15,000,000 shall be made available for higher education programs. SOUTH AND CENTRAL ASIA 7044. (a) Afghanistan (1) Assistance (A) None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. (B) Funds appropriated by this Act under the heading Economic Support Fund that are available for assistance for Afghanistan should be made available to support higher education programs for Afghan students, including through distance learning and scholarships to institutions located outside of Afghanistan. (2) Report Not later than 30 days after enactment of this Act and every 60 days thereafter until September 30, 2022, the Secretary of State shall submit a report to the Committees on Appropriations, in classified form if necessary, detailing the status of United States diplomatic facilities in Afghanistan, including whether such facilities are occupied and controlled by United States officials or contractors, information regarding any breach of such facilities by the Taliban or other non-United States Government entities, the plan and costs associated with the security and maintenance of such facilities beginning in August 2021, and an estimate of the cost of any losses regarding physical damage or violation of the integrity of the security associated with such facilities. (b) Bangladesh Of the funds appropriated under titles III and IV of this Act, not less than $198,325,000 shall be made available for assistance for Bangladesh, of which— (1) not less than $23,500,000 shall be made available to address the needs of communities impacted by refugees from Burma; (2) not less than $10,000,000 shall be made available for programs to protect freedom of expression and association, and the right of due process; and (3) not less than $23,300,000 shall be made available for democracy programs, of which not less than $2,000,000 shall be made available for such programs for the Rohingya community in Bangladesh. (c) Nepal Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Nepal shall only be made available for humanitarian and disaster relief and reconstruction activities, and in support of international peacekeeping operations: Provided , That such funds may only be made available for additional uses if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war by the Nepal Army, and the Nepal Army is cooperating fully with civilian judicial authorities in such cases. (d) Pakistan (1) Terms and conditions The terms and conditions of section 7044(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ) shall continue in effect during fiscal year 2022. (2) Assistance Of the funds appropriated under title III of this Act that are made available for assistance for Pakistan, not less than $15,000,000 shall be made available for democracy programs and not less than $10,000,000 shall be made available for gender programs. (e) Sri lanka (1) Assistance Funds appropriated by this Act under titles I and III should be made available for assistance for Sri Lanka for— (A) educational and cultural exchanges; (B) public diplomacy programs; (C) democracy and governance programs; and (D) economic development programs, particularly in areas recovering from ethnic and religious conflict. (2) Notification Funds made available for assistance for any other purposes in Sri Lanka shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (3) Limitation None of the funds appropriated by this Act may be made available for assistance for the Sri Lankan armed forces, except for maritime security and domain awareness, including professionalization and training for the navy and coast guard. (4) Ineligibility The Secretary of State should apply section 7031(c) of this Act to Sri Lankan officials credibly implicated in war crimes and other serious violations of human rights, or in significant acts of corruption. (5) Report Not later than 45 days after enactment of this Act and every 90 days thereafter until September 30, 2022, the Secretary of State shall submit a report to the Committees on Appropriations assessing actions taken by the Government of Sri Lanka to— (A) protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and the laws of war and holding perpetrators accountable; (B) increase transparency and accountability in governance, and reduce corruption; (C) assert its sovereignty against influence by the People’s Republic of China; and (D) promote reconciliation between ethnic and religious groups, particularly arising from past conflicts in Sri Lanka, including by— (i) addressing land confiscation and ownership issues; (ii) resolving cases of missing persons, including by maintaining a functioning office of missing persons; (iii) reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security; (iv) repealing or amending laws on arrest and detention by security forces to comply with international standards; and (v) bringing to justice police officers involved in cases of arbitrary and incommunicado detention and torture, and supporting a credible justice mechanism for resolving cases of war crimes. (f) Regional programs Funds appropriated by this Act should be made available for assistance for countries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls. LATIN AMERICA AND THE CARIBBEAN 7045. (a) Central america (1) Assistance (A) Of the funds appropriated by this Act under titles III and IV, not less than $653,875,000 should be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including to implement the Root Causes Strategy and through the Central America Regional Security Initiative: Provided , That such assistance shall be prioritized for programs and activities that address the violence, poverty, and other factors that contribute to irregular migration, particularly of unaccompanied minors, to the United States, including for programs to reduce violence against women and girls, address the needs and protect the rights of Indigenous people, and for support for civil society and other independent institutions and activities to combat corruption and impunity. (B) Up to $100,000,000 of the funds made available pursuant to subparagraph (A) for assistance for El Salvador, Guatemala, and Honduras may be made available for programs that support locally-led development in such countries and may remain available until September 30, 2027: Provided , That up to 15 percent of the funds made available to carry out this subparagraph may be used by USAID for administrative and oversight expenses related to the purposes of this subparagraph: Provided further , That other than to meet the requirements of this subparagraph, funds made available to carry out this subparagraph may not be allocated in the report required by section 653(a) of the Foreign Assistance Act of 1961 to meet any other specifically designated funding levels contained in this Act: Provided further , That such funds may be attributed to any such specifically designated funding level after the award of funds under this section, if applicable: Provided further , That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds: Provided further , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (C) Not less than $70,000,000 of the funds made available pursuant to subparagraph (A) shall be made available for programs to reduce violence against women and girls, including for women’s shelters, girls education, and anti-gang programs: Provided , That of such funds, not less than $20,000,000 shall be made available to support bilateral compacts with the governments of El Salvador, Guatemala, and Honduras for the specific purpose of strengthening the capacity of the judicial systems in such countries to protect women and children from domestic violence, sexual assault, trafficking, and child abuse or neglect, including by holding perpetrators accountable. (2) Limitation on assistance to certain central governments (A) Of the funds made available pursuant to paragraph (1) under the heading Economic Support Fund and under title IV of this Act that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, 50 percent may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (i) combating corruption and impunity, including by implementing laws and policies to ensure transparency of government receipts and expenditures, and by allowing independent investigations and prosecutions of corrupt public officials to proceed; (ii) protecting the rights of civil society, members of political parties, freedom of expression, association, and the press; (iii) respecting the right of due process and holding accountable members of security forces who violate human rights; (iv) implementing policies to reduce poverty and promote equitable economic growth and opportunity; (v) respecting the independence of the judiciary and of electoral processes; (vi) combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; (vii) informing its citizens of the dangers of the journey to the southwest border of the United States; and (viii) resolving disputes involving the confiscation of real property of United States entities. (B) Reprogramming If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the central governments, such assistance may be reprogrammed for assistance for civil society organizations and local governments in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in section 7019 of this Act: Provided , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. (C) Exceptions The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for— (i) offices of Attorneys General and other judicial authorities that are acting independently to combat organized crime, corruption, and impunity; (ii) programs to support women and girls and to combat sexual and gender-based violence; (iii) programs to promote respect for the rule of law and to protect human rights, including of Indigenous communities and Afro-descendants; (iv) programs to strengthen democracy; (v) humanitarian assistance; (vi) public health and education; and (vii) food security programs. (D) Foreign military financing program None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for El Salvador, Guatemala, or Honduras. (E) Central americorps Of the funds appropriated by this Act under the heading Development Assistance , not less than $50,000,000 shall be made available for a program modeled on AmeriCorps in El Salvador, Guatemala, and Honduras, which shall be named Central AmeriCorps and implemented in accordance with the guidelines under this heading in the explanatory statement accompanying this Act: Provided , That the goal of Central AmeriCorps shall be to create measurable reductions in migration from targeted communities in such countries by recruiting young people to engage in COVID–19 response, hurricane preparedness and recovery, and other community projects, while having secondary impacts by channeling additional income into local economies and providing needed skills training for future employment in local businesses: Provided further , That participants shall be recruited from communities with high outward migration and low income, including Indigenous communities: Provided further , That not later than 45 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the establishment and implementation of Central AmeriCorps. (b) Colombia (1) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $463,850,000 should be made available for assistance for Colombia: Provided , That of such funds that are made available under the heading International Narcotics Control and Law Enforcement for such assistance, not less than $70,000,000 shall be made available to enhance rural security in coca producing municipalities that are targeted for assistance programs that provide viable economic alternatives and improve access to public services. (2) Withholding of funds (A) Counternarcotics (i) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia is implementing an effective whole-of-government strategy to substantially and sustainably reduce coca cultivation and cocaine production levels in Colombia, by prioritizing and increasing domestic funding to enhance rural security in coca producing municipalities that are targeted for assistance programs that provide viable economic alternatives and improve access to public services, and such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia; and (ii) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement and made available for assistance for the Colombian National Police, 5 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia is bringing to justice police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against peaceful protesters in 2021. (B) Human rights Of the funds appropriated by this Act under the heading Foreign Military Financing Program and made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that— (i) the Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing perpetrators of serious violations of human rights, including those with command responsibility, to deprivation of liberty; (ii) the Government of Colombia is making consistent progress in reducing threats and attacks against human rights defenders and other civil society activists, and judicial authorities are prosecuting and punishing those responsible for ordering and carrying out such attacks; (iii) the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories; (iv) senior military officers responsible for ordering, committing, and covering up cases of false positives are being prosecuted and punished, officers with pending cases are not being promoted, and witnesses are being protected; and (v) the Government of Colombia is bringing to justice military and police personnel who authorized, conducted, and covered up illegal surveillance and communications intercepts and has taken effective steps to prevent the recurrence of such crimes. (3) Exceptions The limitations of paragraph (2) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. (4) Authority Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities. (5) Prohibition None of the funds appropriated by this Act may be made available for assistance for the Colombian National Police’s Mobile Anti-Disturbances Squadron. (6) Reintegration programs Funds appropriated by this Act that are made available for assistance for Colombia may be used to support demining and unexploded ordnance clearance activities involving former combatants who have demobilized and renounced violence. (c) Cuba (1) Of the funds appropriated by this Act under the heading Economic Support Fund , $20,000,000 shall be made available for democracy programs in Cuba. (2) Of the funds appropriated by this Act under the heading Economic Support Fund , $5,000,000 shall be made available, notwithstanding any other provision of law, for programs to support— (A) free enterprise and private business organizations in Cuba; and (B) people-to-people educational and cultural activities involving citizens of Cuba and the United States. (3) None of the funds appropriated by this Act may be made available to any entity controlled by the Cuban military. (4) Funds appropriated under title I of this Act shall be made available for— (A) the operation of, and infrastructure and security improvements to, United States diplomatic facilities in Cuba; and (B) costs associated with additional United States diplomatic personnel in Cuba. (5) Funds made available pursuant to this subsection shall be subject to prior consultation with the Committees on Appropriations. (d) Haiti (1) Certification Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees that a new President and Parliament have taken office after free and fair elections, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. (2) Exceptions Notwithstanding paragraph (1), funds may be made available to support— (A) free and fair elections; (B) anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; (C) public health, food security, water and sanitation, education, and other programs to meet basic human needs; and (D) disaster relief and recovery. (3) Notification Funds appropriated by this Act that are made available for assistance for Haiti shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. (5) Haitian coast guard The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for the Coast Guard. (e) Nicaragua (1) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000 shall be made available for civil society programs for Nicaragua. (2) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan, grant, credit, or guarantee for the Government of Nicaragua, except to meet basic human needs or to strengthen democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections and the rule of law has been restored, including freedom of expression, association, and assembly, the right of due process, and the rights of members of political parties. (3) The Secretary of State should apply section 7031(c) of this Act to the Nicaraguan officials responsible for ordering the wrongful arrests of potential presidential candidates in 2021. (4) None of the funds appropriated by this Act should be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the outcome of presidential elections in Nicaragua that the Secretary determines are neither free nor fair: Provided , That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. (5) The Secretary of State should use all available diplomatic tools to suspend Nicaragua’s participation in the Central America Free Trade Agreement in government-controlled sectors of the economy, until the Secretary determines and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections. (f) Venezuela (1) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $50,000,000 should be made available for democracy programs for Venezuela. (2) Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided , That such amounts are in addition to funds otherwise made available for assistance for such countries, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. EUROPE AND EURASIA 7046. (a) Assistance (1) Georgia (A) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $120,625,000 should be made available for assistance for Georgia. (B) Limitation None of the funds made available pursuant to subparagraph (A) for economic growth programs should be made available for assistance for the central Government of Georgia, unless the Secretary of State determines and reports to the appropriate congressional committees that such government is making consistent progress in implementing rule of law, judicial, and electoral reforms. (C) Waiver The Secretary may waive the limitation in subparagraph (B) if the Secretary determines and reports to such Committees that to do so is important to the national interest of the United States and includes a justification for such waiver. (2) Ukraine Of the funds appropriated by this Act under titles III and IV, not less than $559,000,000 shall be made available for assistance for Ukraine. (b) Territorial integrity None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided , That except as otherwise provided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States: Provided further , That prior to executing the authority contained in the previous proviso, the Secretary of State shall consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States. (c) Section 907 of the freedom support act Section 907 of the FREEDOM Support Act ( 22 U.S.C. 5812 note) shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act ( 22 U.S.C. 5851 et seq. ) and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2333 ) or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254 ); (5) any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 ); or (6) humanitarian assistance. (d) Turkey None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq. ) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided , That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey. COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 7047. (a) Prohibition None of the funds appropriated by this Act may be made available for assistance for the Government of the Russian Federation. (b) Annexation of crimea (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided , That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. (2) Limitation None of the funds appropriated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan, credit, grant, or guarantee for any program that violates the sovereignty or territorial integrity of Ukraine. (4) Duration The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists. (c) Occupation of the georgian territories of abkhazia and tskhinvali region/South ossetia (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian Federation occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided , That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner: Provided further , That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, and includes a justification for such interest. (2) Limitation None of the funds appropriated by this Act may be made available to support the Russian Federation occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan, credit, grant, or guarantee for any program that violates the sovereignty and territorial integrity of Georgia. (d) Countering russian influence fund (1) Assistance Of the funds appropriated by this Act under the headings Assistance for Europe, Eurasia and Central Asia , International Narcotics Control and Law Enforcement , International Military Education and Training , and Foreign Military Financing Program , not less than $295,000,000 shall be made available to carry out the purposes of the Countering Russian Influence Fund, as authorized by section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 ( Public Law 115–44 ; 22 U.S.C. 9543 ) and notwithstanding the country limitation in subsection (b) of such section, and programs to enhance the capacity of law enforcement and security forces in countries in Europe, Eurasia, and Central Asia and strengthen security cooperation between such countries and the United States and the North Atlantic Treaty Organization, as appropriate. (2) Economics and trade Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. (e) Democracy programs Funds appropriated by this Act shall be made available to support democracy programs in the Russian Federation and other countries in Europe, Eurasia, and Central Asia, including to promote Internet freedom: Provided , That of the funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , not less than $20,000,000 shall be made available to strengthen democracy and civil society in Central Europe, including for transparency, independent media, rule of law, minority rights, and programs to combat anti-Semitism. UNITED NATIONS 7048. (a) Transparency and accountability (1) Of the funds appropriated by this Act under the headings Contributions to International Organizations and International Organizations and Programs in this Act that are available for contributions to the United Nations, any United Nations department or agency, and the Organization of American States, 10 percent may not be expended for such department, agency, or organization until— (A) the Secretary of State determines that such department, agency, or organization— (i) is posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such department, agency, or organization, and providing the United States Government with necessary access to such financial and performance audits; and (ii) is effectively enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel; and (B) such department, agency, or organization submits a report to the Department of State, which shall be posted on the Department’s website with an opportunity for public comment, demonstrating that it is effectively implementing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (i) protection against retaliation for internal and lawful public disclosures; (ii) legal burdens of proof; (iii) statutes of limitation for reporting retaliation; (iv) access to binding independent adjudicative bodies, including shared cost and selection of external arbitration; and (v) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and (C) the Secretary determines and reports to the Committees on Appropriations, based on the report required by subparagraph (B), public comments, and any other information available to the Secretary, that the department, agency, or organization is meeting or exceeding best practices: Provided , That such determination shall be posted on the Department’s website. (b) Restrictions on united nations delegations and organizations (1) Restrictions on united states delegations None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ), supports international terrorism. (2) Restrictions on contributions None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (3) Waiver The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served. (c) United nations human rights council Funds appropriated by this Act may be made available to support the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council does not serve the national interest of the United States, and that the Council is not taking significant steps to remove Israel as a permanent agenda item and to ensure integrity in the election of members to the Council: Provided , That such report shall describe why participation in the Council does not serve the national interest and the steps that should be taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to the Council: Provided further , That the Secretary of State shall report to the Committees on Appropriations not later than September 30, 2022, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to the Council. (d) United nations relief and works agency Funds appropriated by this Act should be made available for the United Nations Relief and Works Agency (UNRWA) unless the Secretary of State determines and reports to the Committees on Appropriations that UNRWA is— (1) not utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) not acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) not implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) not taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (5) not taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) engaging in operations with financial institutions or related entities in violation of relevant United States law, and is not taking steps to improve the financial transparency of the organization; and (7) not in compliance with the United Nations Board of Auditors' biennial audit requirements and is not implementing in a timely fashion the Board's recommendations. (e) Prohibition of payments to united nations members None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (f) Report Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2021 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided , That the Secretary shall update such report each time additional funds are withheld by operation of any provision of law: Provided further , That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (g) Sexual exploitation and abuse in peacekeeping operations The Secretary of State should withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents: Provided , That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made: Provided further , That the Secretary shall, to the maximum extent practicable, assist such government in bringing the responsible members of such unit to justice. (h) Additional availability Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available due to the second proviso under the heading Contributions for International Peacekeeping Activities in title I of this Act or section 307(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2227(a) ), shall remain available for obligation until September 30, 2023: Provided , That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act. WAR CRIMES TRIBUNALS 7049. (a) If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for international tribunals or commissions established or authorized by the United Nations Security Council to address war crimes, crimes against humanity, or genocide, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided , That such international tribunals or commissions shall not include the International Criminal Court: Provided further , That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further , That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. (b) None of the funds appropriated by this Act may be made available for a United States contribution to the International Criminal Court: Provided , That funds should be made available for technical assistance, training, assistance for victims, protection of witnesses, and law enforcement support related to international investigations, apprehensions, prosecutions, and adjudications of genocide, crimes against humanity, and war crimes: Provided further , That the previous proviso shall not apply to investigations, apprehensions, or prosecutions of American service members and other United States citizens or nationals, or nationals of the North Atlantic Treaty Organization (NATO) or major non-NATO allies initially designated pursuant to section 517(b) of the Foreign Assistance Act of 1961. GLOBAL INTERNET FREEDOM 7050. (a) Funding Of the funds available for obligation during fiscal year 2022 under the headings International Broadcasting Operations , Economic Support Fund , Democracy Fund , and Assistance for Europe, Eurasia and Central Asia , not less than $81,000,000 shall be made available for programs to promote Internet freedom globally: Provided , That such programs shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interest of the United States: Provided further , That funds made available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States Government, including from the private sector. (b) Requirements (1) Department of state and united states agency for international development Funds appropriated by this Act under the headings Economic Support Fund , Democracy Fund , and Assistance for Europe, Eurasia and Central Asia that are made available pursuant to subsection (a) shall be— (A) coordinated with other democracy programs funded by this Act under such headings, and shall be incorporated into country assistance and democracy promotion strategies, as appropriate; (B) for programs to implement the May 2011, International Strategy for Cyberspace, the Department of State International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113 ), and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8754 ); (C) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; (D) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological advantage of the United States Government over such censorship techniques: Provided , That the Secretary of State, in consultation with the United States Agency for Global Media Chief Executive Officer (USAGM CEO) and the President of the Open Technology Fund (OTF), shall coordinate any such research and development programs with other relevant United States Government departments and agencies in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies; and (E) made available only with the concurrence of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, that such funds are allocated consistent with— (i) the strategies referenced in subparagraph (B) of this paragraph; (ii) best practices regarding security for, and oversight of, Internet freedom programs; and (iii) sufficient resources and support for the development and maintenance of anti-censorship technology and tools. (2) United states agency for global media Funds appropriated by this Act under the heading International Broadcasting Operations that are made available pursuant to subsection (a) shall be— (A) made available only for open-source tools and techniques to securely develop and distribute USAGM digital content, facilitate audience access to such content on websites that are censored, coordinate the distribution of USAGM digital content to targeted regional audiences, and to promote and distribute such tools and techniques, including digital security techniques; (B) coordinated by the USAGM CEO, in consultation with the OTF President, with programs funded by this Act under the heading International Broadcasting Operations , and shall be incorporated into country broadcasting strategies, as appropriate; (C) coordinated by the USAGM CEO, in consultation with the OTF President, to solicit project proposals through an open, transparent, and competitive process, seek input from technical and subject matter experts to select proposals, and support Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF and in a manner consistent with the United States Government Internet freedom strategy; and (D) made available for the research and development of new tools or techniques authorized in subparagraph (A) only after the USAGM CEO, in consultation with the Secretary of State, the OTF President, and other relevant United States Government departments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes. (c) Coordination and spend plans After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the USAGM CEO, in consultation with the OTF President, shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes: Provided , That the Department of State spend plan shall include funding for all such programs for all relevant Department of State and United States Agency for International Development offices and bureaus. (d) Security audits Funds made available pursuant to this section to promote Internet freedom globally may only be made available to support open-source technologies that undergo comprehensive security audits consistent with the requirements of the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefiting from programs supported by such funds: Provided , That the security auditing procedures used by such Bureau shall be reviewed and updated periodically to reflect current industry security standards. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 7051. (a) Prohibition None of the funds made available by this Act may be used to support or justify the use of torture or other cruel, inhuman, or degrading treatment or punishment by any official or contract employee of the United States Government. (b) Assistance Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military, or other security forces in countries receiving assistance from funds appropriated by this Act. AIRCRAFT TRANSFER, COORDINATION, AND USE 7052. (a) Transfer authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs , International Narcotics Control and Law Enforcement , Andean Counterdrug Initiative , and Andean Counterdrug Programs may be used for any other program and in any region. (b) Property disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided , That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Aircraft coordination (1) Authority The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided , That notwithstanding section 7065(a) of this Act, such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further , That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis: Provided further , That funds received by the Department of State in connection with the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Working Capital Fund of the Department and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft. (2) Scope The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. (d) Aircraft operations and maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country. PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS 7053. The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall apply to this Act: Provided , That the date September 30, 2009 in subsection (f)(2)(B) of such section shall be deemed to be September 30, 2021 . INTERNATIONAL MONETARY FUND 7054. (a) Extensions The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall apply to this Act. (b) Repayment The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private or multilateral creditors. ORGANIZATION OF AMERICAN STATES 7055. (a) Of the funds appropriated by this Act under the heading Contributions to International Organizations , $10,000,000 of the United States assessment for the Organization of American States (OAS) for calendar year 2022 should be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the OAS is implementing an action plan to— (1) transfer to locations outside of the District of Columbia administrative functions that can be performed virtually at lower cost; (2) sell real estate in the District of Columbia that is not needed to carry out OAS core activities or that the OAS is financially unable to operate and maintain; (3) increase quota levels on a routine basis to match the rate of inflation; (4) eliminate credit for on-time payment of assessments and impose penalties for successive late payment of assessments; (5) restructure the OAS to reduce organizational complexity, consolidate functions and eliminate lower priority activities, and shift funds to OAS core activities with a focus on strengthening democracy, electoral cooperation and observation, protecting human rights, and multidimensional security; and (6) overhaul the Office of the Inspector General. (b) Funds appropriated by this Act that are made available as contributions to the OAS shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT 7056. Not later than 90 days after enactment of this Act, the Administrator of the United States Agency for International Development shall establish a fund, which shall be referred to as the Marla Ruzicka Fund for Innocent Victims of Conflict (the Marla Fund ), to provide assistance to civilians harmed as a result of military operations of the United States: Provided , That such assistance may also be provided to other innocent victims of conflict: Provided further , That of the funds appropriated under title III of this Act, not less than $17,000,000 shall be made available for the Marla Fund: Provided further , That the USAID Administrator shall consult with the Committees on Appropriations not later than 60 days after enactment of this Act regarding the establishment and implementation of the Marla Fund. UNITED NATIONS POPULATION FUND 7057. (a) Contribution Of the funds made available under the heading International Organizations and Programs in this Act for fiscal year 2022, not less than $55,000,000 shall be made available for the United Nations Population Fund (UNFPA). (b) Availability of funds Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the Global Health Programs account and shall be made available for family planning and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (c) Prohibition on use of funds in china None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China. (d) Conditions on availability of funds Funds made available by this Act for UNFPA may not be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. GLOBAL HEALTH ACTIVITIES 7058. (a) Preventing and responding to pandemics (1) Funds appropriated by this Act under the heading Global Health Programs shall be made available for global health security programs to accelerate the capacity of targeted countries to prevent, detect, and respond to infectious disease outbreaks by strengthening public health capacity where there is a high risk of emerging zoonotic infectious diseases, and by supporting the collection, analysis, and transparent sharing of data on unknown viruses and other pathogens that may pose future threats to human health: Provided , That not later than 60 days after enactment of this Act, the USAID Administrator and the Secretary of State, as appropriate, shall consult with the Committees on Appropriations on the planned uses of such funds. (2) Reducing human contact with wildlife Funds appropriated by this Act shall be made available to support national and local strategies to reduce human contact with wildlife, deforestation and wildlife habitat degradation, and the commerce in, and consumption of, live wildlife and raw or unprocessed wildlife parts and derivatives that contribute to zoonotic spillover between animals and humans: Provided , That not later than 60 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on funding for this purpose, including planned amounts, geographical areas, partners, and activities. (3) International financing mechanism Up to $250,000,000 of the funds appropriated by this Act under the heading Global Health Programs may be made available for a contribution to an international financing mechanism for pandemic preparedness, following consultation with the Committees on Appropriations. (4) Extraordinary measures If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, not to exceed an aggregate total of $200,000,000 of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , International Disaster Assistance , Complex Crises Fund , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , Migration and Refugee Assistance , and Millennium Challenge Corporation may be made available to combat such infectious disease or public health emergency, and may be transferred to, and merged with, funds appropriated under such headings for the purposes of this paragraph: Provided , That such aggregate total may be exceeded if the President determines and reports to such committees that it is vital to the national security interest of the United States to do so, including a detailed explanation of such interest: Provided further , That such determination and report should include future budget plans to reimburse the accounts from which funds are to be made available pursuant to such determination. (5) Emergency reserve fund Up to $100,000,000 of the funds made available under the heading Global Health Programs may be made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ): Provided , That such funds shall be made available under the same terms and conditions of such section. (6) Consultation and notification Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (b) Authority Funds appropriated under titles III and IV of this Act that are made available for bilateral assistance for global health programs, including activities relating to research on, and the prevention, treatment, and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq. ), as amended. (c) HIV/AIDS working capital fund Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–447 ) may be made available for pharmaceuticals and other products for child survival, malaria, tuberculosis, emerging infectious diseases, and other global health activities to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: Provided , That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 ( Public Law 108–447 ) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products: Provided further , That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. (d) Family planning and reproductive health Of the funds appropriated under title III of this Act, not less than $650,000,000 shall be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species. GENDER EQUALITY AND WOMEN’S EMPOWERMENT 7059. (a) In General (1) Gender equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the economic participation and opportunities for political leadership, and protecting the rights of women and girls worldwide. (2) Women’s economic empowerment Funds appropriated by this Act shall be made available for programs, projects, and activities that promote and support women’s entrepreneurship and economic empowerment as a core element of each country assistance strategy administered by the Department of State and the United States Agency for International Development. (3) Gender equity and equality action fund Of the funds appropriated under title III of this Act, not less than $200,000,000 should be made available for the Gender Equity and Equality Action Fund. (b) Women’s leadership Of the funds appropriated under title III of this Act, not less than $70,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels. (c) Gender-Based violence (1) Of the funds appropriated under titles III and IV of this Act, not less than $175,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (2) Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (d) Women, peace, and security Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $135,000,000 should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls. EDUCATION PROGRAMS 7060. (a) Basic Education (1) Of the funds appropriated under title III of this Act, not less than $682,448,000 should be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided , That such funds shall also be used for secondary education activities: Provided further , That funds made available by this paragraph should be made available for the education of girls in areas of conflict or humanitarian crises where girls have been denied equal access to education. (2) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $150,000,000 should be made available for contributions to multilateral partnerships that support education. (b) Higher education Of the funds appropriated by title III of this Act, not less than $250,000,000 should be made available for assistance for higher education: Provided , That such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That of such amount, not less than $35,000,000 shall be made available for new and ongoing partnerships between higher education institutions in the United States and developing countries focused on building the capacity of higher education institutions and systems in developing countries: Provided further , That not later than 45 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such partnerships. ENVIRONMENT PROGRAMS 7061. (a) In general Of the funds appropriated under title III of this Act, not less than $1,484,400,000 shall be made available for environment programs. (b) Adaptation programs Of the funds appropriated under title III of this Act, not less than $343,900,000 shall be made available for climate change adaptation programs, including in support of the Indo-Pacific Strategy. (c) Clean energy programs Of the funds appropriated under title III of this Act, not less than $418,200,000 shall be made available for clean energy programs, including in support of carrying out the purposes of the Electrify Africa Act ( Public Law 114–121 ) and implementing the Power Africa initiative, of which not less than $10,000,000 shall be made available to support civil society organizations in developing countries that advocate for laws and policies to reduce carbon emissions and other harmful pollution, as specified in the explanatory statement accompanying this Act. (d) Biodiversity conservation (1) Funding Of the funds appropriated under title III of this Act, not less than $405,000,000 shall be made available for biodiversity conservation programs. (2) Tropical forests None of the funds appropriated by this Act may be used to support the expansion of industrial scale logging, agriculture, livestock production, mining, or any other industrial scale activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive director of each international financial institution (IFI) to use the voice and vote of the United States to oppose any financing of any such activity. (3) Partnership for conservation Funds appropriated by this Act may be made available to support a public-private partnership grant-making entity, if authorized in a subsequent act of Congress, to support the establishment and long-term management of protected areas in developing countries, including terrestrial, coastal and marine protected areas, parks, community conservancies, Indigenous reserves, conservation easements, and biological reserves, and to carry out other effective area-based conservation measures: Provided , That such a partnership should be supported by contributions from the private and philanthropic sectors, as well as governments and multilateral institutions: Provided further , That not later than 60 days after enactment of a subsequent act of Congress authorizing such a grant-making entity, the Secretary of State and the USAID Administrator, in coordination with the Secretary of the Interior and other relevant Federal agencies, shall consult with the Committees on Appropriations on the establishment and management of such an entity. (e) Sustainable landscapes Of the funds appropriated under title III of this Act, not less than $232,300,000 should be made available for sustainable landscapes programs. (f) Wildlife poaching and trafficking (1) Funding Of the funds appropriated under titles III and IV of this Act, not less than $125,000,000 shall be made available to combat the transnational threat of wildlife poaching and trafficking, of which not less than $10,000,000 shall be made available to support civil society organizations in developing countries that are working to stop the poaching and trafficking of endangered species, as specified in the explanatory statement accompanying this Act. (2) Limitation None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security interest of the United States. (g) Large dams Funds appropriated by this Act shall not be used to support the construction of any large dam, and the Secretary of the Treasury shall instruct the United States executive director of each IFI to use the voice and vote of the United States, in relation to any loan, grant, credit, guarantee, strategy, or policy of such institution regarding the construction of any large dam, consistent with the criteria specified in the explanatory statement accompanying this Act, while also considering whether the project involves overriding foreign policy objectives. (h) Ocean plastic pollution Of the funds appropriated under title III of this Act, not less than $75,000,000 shall be made available for programs to reduce ocean plastic pollution and other marine debris, including technical assistance for waste management: Provided , That the Secretary of State, in consultation with the Secretary of the Treasury, the USAID Administrator, and the heads of other relevant Federal agencies, shall seek to enter into negotiations with key bilateral and multilateral donors, including the World Bank, to establish a new multilateral fund to reduce ocean plastic pollution and other marine debris: Provided further , That such funds may be made available for a contribution to such a multilateral fund, for a USAID-administered multi-donor fund, and for other USAID programs for such purpose: Provided further , That such funds may only be made available following consultation with the Committees on Appropriations. (i) Toxic chemicals Of the funds appropriated under title III of this Act, not less than $10,000,000 shall be made available to support programs to measurably reduce public exposure to lead associated with the unsafe disposal or recycling of lead batteries, contaminated food and cookware, or other sources of lead exposure: Provided , That prior to the initial obligation of funds, the USAID Administrator shall consult with the Committees on Appropriations on a multi-year strategy targeting such exposure and materials in countries with high estimated childhood blood lead levels. (j) Administration of funds Of the funds made available pursuant to subsections (b) and (c), not less than $641,800,000 shall be administered by the USAID Administrator. (k) Authority Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, to support environment programs: Provided , That funds appropriated by this Act under titles III and V may be made available for United States contributions to multilateral environmental funds and facilities to support adaptation and mitigation programs. (l) Notification Funds made available pursuant to this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. SECTOR ALLOCATIONS 7062. (a) Food security and agricultural development Of the funds appropriated under title III of this Act, not less than $1,010,600,000 should be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 ( Public Law 114–195 ): Provided , That funds may be made available for a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by section 3310 of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ). (b) Water and sanitation Of the funds appropriated under title III of this Act, not less than $500,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $250,000,000 should be made available for programs in sub-Saharan Africa, and of which not less than $17,000,000 shall be used to support initiatives by local communities in developing countries to build and maintain safe latrines. (c) Micro, small, and medium-sized enterprises Of the funds appropriated under title III of this Act, not less than $265,000,000 should be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women. (d) Development programs Of the funds appropriated by this Act under the heading Development Assistance , not less than $19,000,000 shall be made available for USAID cooperative development programs and not less than $31,000,000 shall be made available for the American Schools and Hospitals Abroad program. (e) Programs to combat trafficking in persons Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $106,400,000 shall be made available for activities to combat trafficking in persons internationally, including for the Program to End Modern Slavery, of which not less than $77,000,000 should be from funds made available under the heading International Narcotics Control and Law Enforcement : Provided , That funds made available by this Act under the headings Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia that are made available for activities to combat trafficking in persons should be obligated and programmed consistent with the country-specific recommendations included in the annual Trafficking in Persons Report, and shall be coordinated with the Office to Monitor and Combat Trafficking in Persons, Department of State. (f) Reconciliation programs Of the funds appropriated by this Act under the heading Development Assistance , not less than $30,000,000 shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic, racial, religious, and political backgrounds from areas of civil strife and war, including cross border programs involving Palestinians and Israelis: Provided , That the USAID Administrator shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the uses of such funds, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government: Provided further , That such funds shall be administered by the Office of Conflict Management and Mitigation, USAID. BUDGET DOCUMENTS 7063. (a) Operating plans Not later than 45 days after enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2022, that provides details of the uses of such funds at the program, project, and activity level: Provided , That such plans shall include, as applicable, a comparison between the congressional budget justification funding levels, the most recent congressional directives or approved funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: Provided further , That operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act, as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act. (b) Spend plans (1) Not later than 90 days after enactment of this Act, the Secretary of State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the Committees on Appropriations a spend plan for funds made available by this Act for— (A) assistance for Colombia, Cuba, Democratic Republic of the Congo, Egypt, El Salvador, Ethiopia, Guatemala, Honduras, Iraq, Jordan, Lebanon, Mexico, Mozambique, Pakistan, Sri Lanka, Sudan, Syria, Tunisia, and Vietnam; (B) assistance made available pursuant to section 7047(d) of this Act to counter Russian influence, except that such plan shall be on a country-by-country basis; (C) assistance made available pursuant to section 7059 of this Act; (D) the Indo-Pacific Strategy and the Countering PRC Influence Fund; (E) environment programs, including adaptation and clean energy programs; (F) democracy programs, education programs, the Power Africa and Prosper Africa initiatives, and sectors enumerated in subsections (a), (b), (c), (e), and (f) of section 7062 of this Act; (G) funds provided under the heading International Narcotics Control and Law Enforcement for International Organized Crime and for Cybercrime and Intellectual Property Rights: Provided , That the spend plans shall include bilateral and global programs funded under such heading along with a brief description of the activities planned for each country; (H) implementation of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ); and (I) the Caribbean Basin Security Initiative; the Central America Regional Security Initiative; the Trans-Saharan Counterterrorism Partnership; the Partnership for Regional East Africa Counterterrorism; the Global Peace Operations Initiative, including Africa Contingency Operations Training and Assistance; the Africa Regional Counterterrorism program; and the Counterterrorism Partnerships Fund. (2) Not later than 90 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the heading Department of the Treasury, International Affairs Technical Assistance in title III. (c) Clarification The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961. (d) Congressional budget justification The congressional budget justification for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2023: Provided , That the appendices for such justification shall be provided to the Committees on Appropriations not later than 10 calendar days thereafter. REORGANIZATION OVERSIGHT 7064. (a) Prior consultation and notification Funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization funded by this Act without prior consultation by the head of such department, agency, or organization with the Committees on Appropriations: Provided , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That any such notification submitted to such Committees shall include a detailed justification for any proposed action: Provided further , That congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be deemed to meet the notification requirements of this section. (b) Description of activities Pursuant to subsection (a), a reorganization, redesign, or other plan shall include any action to— (1) expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, including bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices; (2) expand, eliminate, consolidate, or downsize the United States official presence overseas, including at bilateral, regional, and multilateral diplomatic facilities and other platforms; or (3) expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family member, and locally employed staff workforce of the Department of State and USAID from the staffing levels in place as of October 1, 2021. DEPARTMENT OF STATE MANAGEMENT 7065. (a) Working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may be used for new service centers, and are subject to the regular notification procedures of the Committees on Appropriations. (b) Certification (1) Compliance Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and oversight of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies, procedures, and regulations, as applicable. (2) Considerations When making a certification required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or office to— (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation and monitoring plans; (C) establish performance measures and indicators; (D) review activities and performance; and (E) assess final results and reconcile finances. (3) Plan If the Secretary of State is unable to make a certification required by paragraph (1), the Secretary shall submit a plan and timeline detailing the steps to be taken to bring such bureau or office into compliance. (c) Internships The Department of State may offer compensated and uncompensated internships, and select, appoint, employ for not more than 52 weeks, and remove any such compensated intern without regard to the provisions of law governing appointments in the competitive service, notwithstanding any other provision of law. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT 7066. (a) Authority Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , may be used by the United States Agency for International Development to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949). (b) Restriction The authority to hire individuals contained in subsection (a) shall expire on September 30, 2023. (c) Program account charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate: Provided , That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading Operating Expenses . (d) Foreign service limited extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 ), may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (e) Disaster surge capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations. (f) Personal services contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided , That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further , That such funds appropriated to carry out title II of the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ), may be made available only for personal services contractors assigned to the Bureau for Humanitarian Assistance. (g) Small business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (h) Senior foreign service limited appointments Individuals hired pursuant to the authority provided by section 7059(o) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (i) Management, oversight, and technical support Of the funds made available by this Act under the heading Development Assistance that are made available for programs administered by the USAID Advisor for Indigenous Peoples Issues, up to $500,000 may be used for management, oversight, and technical support, in addition to funds otherwise made available for such purposes. STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM AND CONFLICT 7067. (a) Prevention and stabilization fund (1) Funds and transfer authority Of the funds appropriated by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , and Foreign Military Financing Program , not less than $125,000,000 should be made available for the purposes of the Prevention and Stabilization Fund, as authorized by, and for the purposes enumerated in, section 509(a) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ), of which $25,000,000 may be made available for the Multi-Donor Global Fragility Fund authorized by section 510(c) of such Act: Provided , That such funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings: Provided further , That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations. (2) Transitional justice Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for the Prevention and Stabilization Fund, not less than $10,000,000 shall be made available for programs to promote accountability for genocide, crimes against humanity, and war crimes, including in Ethiopia, Iraq, South Sudan, Sri Lanka, Syria, and Yemen which shall be in addition to any other funds made available by this Act for such purposes: Provided , That such programs shall include components to develop local investigative and judicial skills, and to collect and preserve evidence and maintain the chain of custody of evidence, including for use in prosecutions, and may include the establishment of, and assistance for, transitional justice mechanisms: Provided further , That such funds shall be administered by the Special Coordinator for the Office of Global Criminal Justice, Department of State: Provided further , That funds made available by this paragraph shall be made available on an open and competitive basis. (b) Global community engagement and resilience fund Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund may be made available to the Global Community Engagement and Resilience Fund (GCERF), including as a contribution: Provided , That any such funds made available for the GCERF shall be made available on a cost-matching basis from sources other than the United States Government, to the maximum extent practicable, and shall be subject to the regular notification procedures of the Committees on Appropriations. (c) Global concessional financing facility Of the funds appropriated by this Act under the heading Economic Support Fund , $25,000,000 may be made available for the Global Concessional Financing Facility of the World Bank to provide financing to support refugees and host communities: Provided , That such funds should be in addition to funds allocated for bilateral assistance in the report required by section 653(a) of the Foreign Assistance Act of 1961, and may only be made available subject to prior to consultation with the Committees on Appropriations: Provided further , That such funds may be transferred to the Department of the Treasury. DEBT-FOR-DEVELOPMENT 7068. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. ENTERPRISE FUNDS 7069. (a) Notification None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. (b) Distribution of assets plan Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund. (c) Transition or operating plan Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees. EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES 7070. (a) Section 1(b)(1) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(1) ) shall be applied through fiscal year 2022 by substituting the costs of providing consular services for such costs . (b) Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136 ; 134 Stat. 592) shall be applied during fiscal year 2022 by substituting 2020, 2021, and 2022 for 2020 and 2021 . (c) Discretionary amounts made available to the Department of State under the heading Administration of Foreign Affairs of this Act, and discretionary unobligated balances under such heading from prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to sustain consular operations, following consultation with such Committees: Provided , That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law: Provided further , That no amounts may be transferred from amounts designated as emergency requirements pursuant to a concurrent resolution on the budget or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (d) In addition to the uses permitted pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1356(v)(2)(A) ), for fiscal year 2022, the Secretary of State may also use fees deposited into the Fraud Prevention and Detection Account for the costs of providing consular services. (e) Beginning in fiscal year 2022 and for each fiscal year thereafter, fees collected pursuant to subsection (a) of section 1 of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(a) ) shall, notwithstanding such subsection, be deposited in the Consular and Border Security Programs account as discretionary offsetting receipts and shall remain available until expended for the purposes of such account: Provided , That the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service. (f) Amounts provided pursuant to subsections (a), (b), and (d) are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. INCENTIVE FUNDS 7071. (a) Not later than 90 days after enactment of this Act, the Secretary of State and the USAID Administrator shall jointly submit to the Committees on Appropriations recommendations for establishing incentive funds, with benchmarks for measuring progress, for countries receiving United States assistance funded by this Act. (b) The purpose of such funds is to encourage the governments of such countries to adopt, and make consistent progress in implementing, economic and political reforms to promote equitable economic growth and opportunity, strengthen democratic governance, reduce corruption and impunity, protect fundamental rights, and reduce dependency on United States assistance, including, as appropriate— (1) implementing free market and civil service reforms, raising revenue to support public utilities and services, and reducing subsidies; (2) improving transparency and accountability to reduce waste, enhance efficiencies, and prevent conflicts of interest and other corrupt practices related to public service and expenditures; (3) enforcing laws and policies that protect freedom of expression, association, and the press, and the right of due process; and (4) strengthening the independence of the judiciary and of electoral processes. (c) Not later than 45 days after enactment of this Act, the Secretary of State and USAID Administrator shall consult with the Committees on Appropriations on the format and content of the recommendations to be submitted. WAIVER AUTHORITY 7072. The President may waive section 414 of Public Law 101–246 and section 410 of Public Law 103–236 on a case-by-case basis if the President determines and reports in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees that to do so would enable the United States to counter Chinese influence or to promote other national interests of the United States: Provided , That the authority of this section shall cease to have effect if, after enactment of this Act, the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians: Provided further , That the authority of this section shall sunset on September 30, 2025, unless extended in a subsequent Act of Congress. CONSULAR NOTIFICATION COMPLIANCE 7073. (a) Petition for review (1) Jurisdiction Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Standard To obtain relief, an individual described in paragraph (1) must make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (3) Limitations (A) Initial showing To qualify for review under this subsection, a petition must make an initial showing that— (i) a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, occurred with respect to the individual described in paragraph (1); and (ii) if such violation had not occurred, the consulate would have provided assistance to the individual. (B) Effect of prior adjudication A petition for review under this subsection shall not be granted if the claimed violation described in paragraph (1) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection, unless the adjudication of the claim resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) Filing deadline A petition for review under this subsection shall be filed within 1 year of the later of— (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (D) Tolling The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (E) Time limit for review A Federal court shall give priority to a petition for review filed under this subsection over all noncapital matters. With respect to a petition for review filed under this subsection and claiming only a violation described in paragraph (1), a Federal court shall render a final determination and enter a final judgment not later than 1 year after the date on which the petition is filed. (4) Habeas petition A petition for review under this subsection shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 of title 28, United States Code, filed by an individual, except that if an individual filed a Federal habeas corpus application or motion for Federal collateral relief before the date of enactment of this Act or if such application is required to be filed before the date that is 1 year after the date of enactment of this Act, such petition for review under this subsection shall be filed not later than 1 year after the enactment date or within the period prescribed by paragraph (3)(C)(iii), whichever is later. No petition filed in conformity with the requirements of the preceding sentence shall be considered a second or successive habeas corpus application or subjected to any bars to relief based on preenactment proceedings other than as specified in paragraph (2). (5) Referral to magistrate A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) . (6) Appeal (A) In general A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district or circuit court judge shall issue or deny a certificate of appealability not later than 30 days after an application for a certificate of appealability is filed. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation described in paragraph (1). (b) Violation (1) In general An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation— (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court— (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction Nothing in this subsection shall be construed to create any additional remedy. (c) Definitions In this section the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d) Applicability The provisions of this section shall apply during the current fiscal year and each fiscal year thereafter. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS 7074. The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 104C the following: 104D. Eligibility for assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance under sections 104, 104A, 104B, and 104C, a foreign nongovernmental organization— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services— (A) do not violate the laws of the country in which they are being provided; and (B) would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part. . RESCISSIONS 7075. (a) Economic support fund Of the unobligated and unexpended balances from amounts made available under the heading Economic Support Fund from prior Acts making appropriations for the Department of State, foreign operations, and related programs and allocated by the Executive Branch for Afghanistan in the annual reports required by section 653(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2413(a) ), $840,644,000, shall be deobligated, as appropriate, and shall be rescinded. (b) Millennium challenge corporation Of the unobligated balances from amounts made available under the heading Millennium Challenge Corporation from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $515,000,000 are rescinded. (c) International narcotics control and law enforcement Of the unobligated and unexpended balances from amounts made available under the heading International Narcotics Control and Law Enforcement from prior Acts making appropriations for the Department of State, foreign operations, and related programs and allocated by the Executive Branch for Afghanistan in the annual reports required by section 653(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2413(a) ), $100,000,000, shall be deobligated, as appropriate, and shall be rescinded. (d) Peace corps Of the unobligated balances from amounts made available under the heading Peace Corps from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $85,000,000 are rescinded. (e) Embassy security, construction, and maintenance (1) Of the unobligated and unexpended balances from amounts made available under the heading Embassy Security, Construction, and Maintenance in title II of the Security Assistance Appropriations Act, 2017 (division B of Public Law 114–254 ), $41,000,000 are rescinded. (2) Of the unobligated and unexpended balances from amounts available under the heading Embassy Security, Construction, and Maintenance from prior Acts making appropriations for the Department of State, foreign operations, and related programs for Embassy Kabul construction projects, $412,000,000 are rescinded. (f) Restriction No amounts may be rescinded from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3075is/xml/BILLS-117s3075is.xml
|
117-s-3076
|
II 117th CONGRESS 1st Session S. 3076 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mr. Brown (for himself, Mrs. Gillibrand , Mr. Merkley , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to prohibit officers of the Federal Reserve from trading certain securities, and for other purposes.
1. Short title This Act may be cited as the Ban Conflicted Trading at the Fed Act . 2. STOCK Act Section 4 of the Federal Reserve Act ( 12 U.S.C. 341 et seq. ) is amended by adding at the end the following: Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), sections 9, 11, 13, and 14 of the STOCK Act ( Public Law 112–105 ), and section 21A(i) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1(i) ) shall apply to Federal Reserve bank presidents, vice presidents, and directors. . 3. Ban conflicted trades The Federal Reserve Act (12 U.S.C. et seq.) is amended by inserting after section 25C ( 12 U.S.C. 633 ) the following: 25D. Ban conflicted trades (a) Definitions In this section— (1) the term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ); (2) the term covered investment — (A) means investment in a security, a commodity, virtual currency, or a future, or any comparable financial interest acquired through synthetic means such as the use of a derivative; and (B) does not include— (i) a diversified mutual fund or investment trust subject to an exemption under section 208(b)(2) of title 18, United States Code, and section 2640.201 of title 5, Code of Federal Regulations; or (ii) a United States Treasury bill, note, or bond; (3) the term covered person means— (A) a member of the Board of Governors of the Federal Reserve System; and (B) a president or vice president of a Federal Reserve bank; (4) the term future means a financial contract obligating the buyer to purchase an asset or the seller to sell an asset, such as a physical commodity or a financial instrument, at a predetermined future date and price; (5) the term security has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and (6) the term virtual currency means any cryptocurrency, such as coins or tokens received in connection with initial coin offerings or issued or distributed using distributed ledger or blockchain technology. (b) Prohibitions Except as provided in subsections (c) and (d), no covered person may— (1) purchase or sell any covered investment; or (2) enter into a transaction that creates a net short position in any security. (c) Exceptions (1) Investments held before taking office (A) In general A covered person may have control over or knowledge of the management of any covered investment held by the covered person as of the day before the date on which the covered person took office. (B) Prohibition on purchasing or selling A covered person may not buy or sell any investment described in subparagraph (A) except in the case of— (i) placing the investment in a qualified blind trust described in subsection (d); or (ii) divesting themselves of any investment under paragraph (2). (2) Divestiture A covered person may sell a covered investment during the 6-month period beginning on— (A) the date on which the covered person takes office or begins employment, as applicable; (B) the date of enactment of this section; or (C) the date on which the covered person receives a covered investment through gift or inheritance. (3) Approval Any transaction described in this subsection shall be approved in accordance with the rules issued under subsection (f). (d) Trusts (1) In general On a case-by-case basis, the designated agency ethics official of the Board of Governors may authorize a covered person to place their securities holdings in a qualified blind trust approved by the Board under section 102(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2) Blind trust A blind trust permitted under this subsection shall meet the criteria in section 102(f)(4)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless an alternative arrangement is approved by the Board. (e) Administration and enforcement (1) Administration The provisions of this section shall be administered by the Board. (2) Enforcement Whoever knowingly fails to comply with this section shall be subject to a civil penalty of not less than 10 percent of the value of the covered investment that was purchased or sold or the security in which a net short position was created in violation of this section, as applicable. (f) Other requirements Not later than 90 days after the date of enactment of this section, the Board shall issue rules that require covered persons and senior staff to— (1) provide 45 days advance notice and prior approval for any investment transactions; and (2) hold investments for a minimum of 1 year from the date of the transaction. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3076is/xml/BILLS-117s3076is.xml
|
117-s-3077
|
II 117th CONGRESS 1st Session S. 3077 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the limitation on the estate tax valuation of certain real property used in farming or other trades or businesses.
1. Short title This Act may be cited as the Preserving Family Farms Act of 2021 . 2. Increase in limitation on the estate tax valuation of certain real property used in farming or other trades or businesses (a) In general Section 2032A(a)(2) of the Internal Revenue Code of 1986 is amended by striking $750,000 and inserting $11,700,000 . (b) Inflation adjustment Section 2032A(a)(3) of such Code is amended— (1) by striking $750,000 both places it appears and inserting $11,700,000 , (2) by striking 1998 in the matter preceding subparagraph (A) and inserting 2021 , and (3) by striking 1997 in subparagraph (B) and inserting 2020 . (c) Effective date The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3077is/xml/BILLS-117s3077is.xml
|
117-s-3078
|
II 117th CONGRESS 1st Session S. 3078 IN THE SENATE OF THE UNITED STATES October 26, 2021 Ms. Stabenow (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To extend flexible use of John H. Chafee Foster Care Independence Program funding to address pandemic-related challenges for older foster youth.
1. Short title This Act may be cited as the Continued State Flexibility to Assist Older Foster Youth Act . 2. Extension of pandemic provisions affecting older foster youth (a) Extension of Chafee program flexibility Section 3 of division X of the Consolidated Appropriations Act, 2021 ( 42 U.S.C. 677 note) is amended— (1) in subsection (b), by striking and 2021 and inserting through 2022 ; and (2) in subsection (d)— (A) by striking During the COVID–19 public health emergency period: ; (B) in paragraph (1), by striking The and inserting Through December 31, 2021, the ; (C) in paragraph (2), by striking A and inserting Through fiscal year 2022, a ; (D) in paragraph (3), by striking Notwithstanding and inserting Through fiscal year 2022, notwithstanding ; and (E) in paragraph (4), by inserting after the paragraph heading the following: Through fiscal year 2022: . (b) Extension of State funding flexibility related to youth aging out of foster care Section 4 of such division ( 42 U.S.C. 671 note) is amended— (1) in subsection (d)— (A) in paragraph (2)(A), by striking 2021 and inserting 2022 ; and (B) by adding at the end the following: (3) Additional Chafee funding flexibilities Notwithstanding paragraph (2) of this subsection, a State to which additional funds are made available as a result of section 3(a) of this division may use the funds to meet any costs referred to in paragraph (1) of this subsection incurred on or before September 30, 2022, with respect to children who— (A) have attained 18 years of age; (B) are in foster care, or re-enter care; and (C) are not eligible for foster care maintenance payments under section 472 of the Social Security Act. ; and (2) in subsection (e), by striking 2021 and inserting 2022 .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3078is/xml/BILLS-117s3078is.xml
|
117-s-3079
|
II 117th CONGRESS 1st Session S. 3079 IN THE SENATE OF THE UNITED STATES October 26, 2021 Mrs. Blackburn (for herself, Mr. Inhofe , Ms. Lummis , Mr. Hagerty , Mr. Braun , Mr. Johnson , Mr. Tuberville , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To exempt essential workers from Federal COVID–19 vaccine mandates.
1. Short title This Act may be cited as the Keeping Our COVID–19 Heroes Employed Act . 2. Exemption from vaccine mandates (a) In general Any requirement imposed by an entity described in subsection (b) that individuals be vaccinated against COVID–19 shall provide for an exemption from such requirement for all essential workers. (b) Entities described An entity described in this subsection is any of the following: (1) The Federal Government. (2) A public or private Federal contractor. (3) A private entity receiving Federal funds. (4) A public entity receiving funding under the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ), the Families First Coronavirus Response Act ( Public Law 116–127 ), the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ), division M or N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or the American Rescue Plan Act of 2021 ( Public Law 117–2 ), as a condition for retaining such funds or receiving future disbursements of such funds. (c) Essential workers defined For purposes of this section, the term essential worker means an individual— (1) whom a relevant State, Indian Tribe, or territory deemed essential during the response to the COVID–19 pandemic; or (2) who was exempt from any restrictions in response to the COVID–19 pandemic imposed by a relevant State, Indian Tribe, or territory.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3079is/xml/BILLS-117s3079is.xml
|
117-s-3080
|
II 117th CONGRESS 1st Session S. 3080 IN THE SENATE OF THE UNITED STATES October 27, 2021 Ms. Smith (for herself, Mr. Moran , Mr. Whitehouse , Mr. Blumenthal , Mr. Cramer , Ms. Klobuchar , Mr. Wicker , Mr. Boozman , Mr. Merkley , Mrs. Capito , Mrs. Hyde-Smith , Mr. Murphy , Ms. Baldwin , Mr. Brown , Mr. Markey , Ms. Collins , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to require a group health plan (or health insurance coverage offered in connection with such a plan) to provide for cost-sharing for oral anticancer drugs on terms no less favorable than the cost-sharing provided for anticancer medications administered by a health care provider.
1. Short title This Act may be cited as the Cancer Drug Parity Act of 2021 . 2. Parity in cost-sharing for oral anticancer drugs (a) In general The Employee Retirement Income Security Act of 1974 is amended by inserting after section 725 of such Act ( 29 U.S.C. 1185d ) the following new section: 726. Parity in cost-sharing for oral anticancer drugs (a) In general Subject to subsection (b), a group health plan (or health insurance coverage offered in connection with such a plan) that provides benefits with respect to anticancer medications administered by a health care provider shall provide that any cost-sharing for prescribed, patient-administered anticancer medications that are used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration is no less favorable than the cost-sharing for anticancer medications that is intravenously administered or injected by a health care provider. (b) Limitation Subsection (a) shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication— (1) is medically necessary for the purpose of killing, slowing, or preventing the growth of cancerous cells; or (2) is clinically appropriate in terms of type, frequency, extent site, and duration. (c) Restriction on certain changes A group health plan (or health insurance coverage offered in connection with such a plan) may not, in order to comply with the requirement of subsection (a), make changes to benefits or replace existing benefits with new benefits under the plan (or health insurance coverage) designed to have the effect of— (1) imposing an increase in out-of-pocket costs with respect to anticancer medications; (2) reclassifying benefits with respect to anticancer medications in a way that would increase such costs; or (3) applying more restrictive limitations on prescribed orally administered anticancer medications than on intravenously administered or injected anticancer medications. (d) Construction Nothing in this section shall be construed— (1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; (2) to prohibit a group health plan (or health insurance coverage offered in connection with such a plan) from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy; or (3) to supersede a State law that provides greater protections with respect to the coverage with respect to orally administered anticancer medications than is provided under this section. (e) Cost-Sharing defined In this section, the term cost-sharing includes a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, and similar out-of-pocket expenses. . (b) Technical Correction; Clerical Change The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Parity in cost-sharing for oral anticancer drugs. . (c) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2022. 3. GAO study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study that assesses the impact of section 726 of the Employee Retirement Income Security Act of 1974, as added by section 2(a), on the out-of-pocket costs associated with oral and patient-administered anticancer medications furnished or dispensed to individuals enrolled in a group health plan to which such section 726 applies, in comparison to individuals enrolled in group health plans or health insurance coverage to which section 726 does not apply, including any recommendations or matters for congressional consideration regarding actions Federal agencies or Congress can take to reduce financial barriers to access to oral and patient-administered anticancer medications; and (2) submit to Congress a report on the results of such study, including recommendations or matters for congressional consideration to improve access to oral and patient-administered anticancer medications for individuals enrolled in group health plans and group or individual health insurance coverage offered by a health insurance issuer.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3080is/xml/BILLS-117s3080is.xml
|
117-s-3081
|
II 117th CONGRESS 1st Session S. 3081 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permit withdrawals from certain retirement plans for repayment of student loan debt, and for other purposes.
1. Short title This Act may be cited as the Tax Free Education Act of 2021 . 2. Withdrawals for higher education expenses (a) 401( k ) plans Paragraph (14) of section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Distributions for qualified education expenses (i) In general A distribution shall be treated as made upon hardship of the employee to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of— (I) the amount paid by the taxpayer for qualified education expenses for any individual during such taxable year, or (II) $5,250. (ii) Distribution must be otherwise disallowed Clause (i) shall not apply to any distribution which is permissible under paragraph (2)(B)(i) (including distributions which would be treated as made upon hardship of the employee without regard to this subparagraph). (iii) No requirement to demonstrate hardship Clause (i) shall apply without regard to any requirement to demonstrate financial need or hardship, or to demonstrate that other assets are not available to pay the qualified education expenses. (iv) Additional tax under section 72(t) not to apply No tax shall be imposed under section 72(t) on any amount treated as a hardship distribution by reason of clause (i). (v) Qualified education expenses For purposes of this subparagraph, the term qualified education expenses has the meaning given such term by section 530(b)(2)(A), applied without regard to subparagraph (B) of section 530(b)(2). . (b) 403( b ) plans Paragraph (11) of section 403(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Under rules similar to the rules of section 401(k)(14)(C), a distribution shall be treated as made upon hardship of the employee to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of the amount paid by the taxpayer for qualified education expenses during such taxable year, or $5,250. . (c) 457 plans Paragraph (1) of section 457(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Under rules similar to the rules of section 401(k)(14)(C) (and without regard to whether the expenses are unforeseen), a distribution shall be treated as made by reason of unforeseen emergency to the extent that the aggregate amount of such distributions during the taxable year does not exceed the lesser of the amount paid by the taxpayer for qualified education expenses during such taxable year, or $5,250. . (d) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. 3. Withdrawals for student loan expenses (a) IRAs Paragraph (7) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Student loans Such term shall include amounts paid in repayment of any loan made to an individual described in subparagraph (A) to assist the individual in attending an educational organization described in section 170(b)(1)(A)(ii). . (b) 401 (k) s Clause (v) of section 401(k)(14)(C), as added by section 2, is amended— (1) by striking applied without regard and inserting applied— (I) without regard ; (2) by striking the period at the end and inserting , and ; and (3) by adding at the end the following new subclause: (II) by treating amounts described in section 72(t)(7)(C) as qualified higher education expenses. . (c) Effective date The amendment made by this section shall apply to distributions made after December 31, 2021. 4. Exclusion of distributions for educational expenses (a) In general Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Distributions for qualified education expenses (1) In general Gross income for the taxable year does not include— (A) any distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), or an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), which is treated as made upon hardship of the employee by reason of section 401(k)(14)(C), the last sentence of section 403(b)(11), or the last sentence of section 457(d)(1), or (B) any distribution from an individual retirement account (as defined in section 408(a)) to which section 72(t)(2)(E) applies. (2) Distributions must otherwise be includible (A) In general An amount shall be treated as described in paragraph (1) only to the extent that such amount would be includible in gross income without regard to such paragraph. (B) Application of section 72 In determining whether a distribution would be includible in gross income but for this subsection, rules similar to the rules of subsection (l)(3)(B) shall apply (by taking into account all retirement plans in which the taxpayer is a participant). . (b) Coordination with deductions and credits (1) Coordination with American Opportunity and Lifetime Learning credits (A) In general Paragraph (2) of section 25A(g) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), by striking and at the end of subparagraph (B), and by inserting after subparagraph (B) the following new subparagraph: (C) a distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), or an individual retirement account (as defined in section 408(a)) which is excluded from gross income of the distributee under section 402(m) (other than any portion of such a distribution which is attributable to the repayment of a loan described in section 72(t)(7)(C)), and . (B) Coordination with waiver of penalty Subparagraph (B) of section 72(t)(7) is amended by inserting (without regard to subparagraph (C) thereof) before the period. (2) Deduction for interest on education loans The first sentence of paragraph (1) of section 221(e) of such Code is amended— (A) by striking or ; and (B) by inserting before the period at the end the following: , or for any amount paid with a distribution which is excluded from gross income under section 402(m) . (c) Effective date The amendment made by this section shall apply to distributions made after December 31, 2021. 5. Modification of inclusion of employer student loan payments in educational assistance programs (a) In general Subparagraph (B) of section 127(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (B) the payment, by an employer, of amounts in repayment of any loan made to the employee to assist the employee in attending an educational organization described in section 170(b)(1)(A)(ii), and . (b) Denial of double benefit Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by striking any indebtedness on a qualified education loan of the taxpayer and inserting amounts in repayment of any loan described in section 127(c)(1)(B) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 6. Repeal of cap on deduction for interest on education loans (a) In general Section 221 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (f). (b) Carryover of excess interest Section 221 of the Internal Revenue Code of 1986, as so amended, is amended by inserting after subsection (a) the following new subsection: (b) Carryover If the amount of the deduction allowable under subsection (a) exceeds the taxable income of the taxpayer for the taxable year (determined without regard to this section), then an amount equal to such excess shall be treated as interest paid by the taxpayer in the succeeding taxable year on a qualified education loan. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Employer Roth contributions (a) In general Subsection (a) of section 402A of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (1); (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) in the case of a qualified cash or deferred arrangement (as defined in section 401(k)(2)), any designated Roth employer contribution made pursuant to the arrangement shall be treated for purposes of this chapter in the same manner as contributions described in section 401(k)(3)(D)(ii), except that such contribution shall not be excludable from gross income, and . (b) Conforming amendments (1) Paragraph (1) of section 402A(b) of the Internal Revenue Code of 1986 is amended— (A) by striking may elect to make and inserting “may elect— (A) to make ; (B) by striking the period at the end and inserting , and ; and (C) by adding at the end the following new subparagraph: (B) in the case of a qualified cash or deferred arrangement (as defined in section 401(k)(2)), to have the employee's employer make designated Roth employer contributions in lieu of all or a portion of the matching or nonelective contributions the employee is otherwise eligible to receive under the arrangement. . (2) Paragraph (2)(A) of section 402A(b) of such Code is amended by striking of each employee and inserting and designated Roth employer contributions with respect to each employee . (3) Subparagraph (B) of section 402A(d)(2) of such Code is amended by inserting , or elected to have made a designated Roth employer contribution, after designated Roth contribution both places it appears in clauses (i) and (ii). (c) Designated Roth employer contribution Subsection (c) of section 402A of the Internal Revenue Code of 1986 is amended— (1) by inserting and designated Roth employer contributions after designated Roth contributions in the heading, and (2) by adding at the end the following new paragraph: (5) Designated Roth employer contribution (A) In general The term designated Roth employer contribution means any contribution described in subparagraph (B) made under a qualified cash or deferred arrangement (as defined in section 401(k)(2)) which— (i) is excludable from gross income of an employee without regard to this section, and (ii) the employee designates (at such time and in such manner as the Secretary may prescribe) as not being so excludable. (B) Contributions described The contributions described in this subparagraph are— (i) matching contributions (as defined in section 401(m)(4)(A)) which meet the requirements of subparagraphs (B) and (C) of section 401(k)(2), and (ii) qualified nonelective contributions (within the meaning of section 401(m)(4)(C)). (C) Designation limits The amount of matching contributions and qualified nonelective contributions which an employee may designate under subparagraph (A) shall not exceed the excess (if any) of— (i) the maximum amount of such contributions excludable from gross income of the employee for the taxable year (without regard to this section), over (ii) the aggregate amount of such contributions with respect to the employee for the taxable year which the employee does not designate under subparagraph (A). . (d) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2021. 8. Maximum contributions (a) Elective deferrals (1) In general Subparagraph (B) of section 402(g)(1) of the Internal Revenue Code of 1986 is amended by striking $15,000 and inserting $25,000 . (2) Cost-of-living adjustment Paragraph (4) of section 402(g) of such Code is amended— (A) by striking $15,000 and inserting $25,000 ; (B) by striking December 31, 2006 and inserting December 31, 2022 ; and (C) by striking July 1, 2005 and inserting July 1, 2021 . (3) Conforming amendment Clause (ii) of section 402(g)(7)(A) of such Code is amended by striking $15,000 and inserting $25,000 . (b) 457 plans (1) In general Subparagraph (A) of section 457(e)(15) of the Internal Revenue Code of 1986 is amended by striking $15,000 and inserting $25,000 . (2) Cost-of-living adjustment Subparagraph (B) of section 457(e)(15) of such Code is amended— (A) by striking $15,000 and inserting $25,000 ; (B) by striking December 31, 2006 and inserting December 31, 2022 ; and (C) by striking July 1, 2005 and inserting July 1, 2021 . (c) Employed individual 401( k )s Subsection (k) of section 401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (16) Employed individual arrangement (A) In general A cash or deferred arrangement shall not be treated as failing to meet any requirement of this subsection solely because, under the arrangement, an employee may elect to make additional elective deferrals which are not subject to, and are not taken into account under, paragraph (3) to a separate account from other contributions made on behalf of the employee under the arrangement, if— (i) all employees eligible to participate in the arrangement are eligible to make such election, (ii) the aggregate of all elective deferrals made by the employee under the arrangement does not exceed the limitation of section 402(g), and (iii) no matching or nonelective contributions may be made to such account or with respect to elective deferrals contributed to such account. (B) Distribution, etc. rules to apply The rules of this subsection, other than paragraph (3), shall apply to any account established under subparagraph (A). (C) Elective deferral For purposes of this paragraph, the term elective deferral means any employer contribution under a qualified cash or deferred arrangement to the extent not includible in gross income for the taxable year under section 402(e)(3) (determined without regard to section 402(g)). . (d) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2021. 9. Deduction for qualified education expenses (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended— (1) by redesignating section 224 as section 225; and (2) by inserting after section 223 the following new section: 224. Qualified education expenses (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified education expenses paid or incurred during such taxable year for the taxpayer or any other individual. (b) Qualified education expenses For purposes of this section, the term qualified education expenses means— (1) qualified education expenses as defined in section 530(b)(2)(A), applied without regard to subparagraph (B) of section 530(b)(2), and (2) amounts paid in repayment of any loan made to an individual to assist the individual in attending an educational organization described in section 170(b)(1)(A)(ii). (c) Denial of double benefit For purposes of subsection (a), the qualified education expenses with respect to any taxpayer shall be reduced by— (1) the amount of any distribution from a qualified cash or deferred arrangement (as defined in section 401(k)(2)), an annuity contract described in section 403(b), an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), or an individual retirement account (as defined in section 408(a)) which is excluded from gross income of the taxpayer under section 402(m) (other than any portion of such a distribution which is attributable to the repayment of a loan described in section 72(t)(7)(C)), and (2) the amount of any such expenses taken into account in determining any credit or any other deduction under any other provision of this chapter. (d) Carryforward of unused amount If any portion of the deduction allowed by subsection (a) for the taxable year is disallowed by reason of any limitation (including the amount of income of the taxpayer), such portion shall be treated as a deduction allowable under subsection (a) in the succeeding taxable year. . (b) Deduction allowed above the line Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph 21 the following new paragraph: (22) Qualified education expenses The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and by inserting after the item relating to section 223 the following new items: Sec. 224. Qualified education expenses. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3081is/xml/BILLS-117s3081is.xml
|
117-s-3082
|
II 117th CONGRESS 1st Session S. 3082 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Blumenthal (for himself, Mr. Markey , Mr. Merkley , Mr. Leahy , Ms. Warren , Mr. Wyden , Mr. Sanders , Mr. Whitehouse , Mr. Van Hollen , Mr. Booker , Mr. Menendez , Mr. Casey , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to prohibit Amtrak from including mandatory arbitration clauses in contracts of carriage, and for other purposes.
1. Short title This Act may be cited as the Ending Passenger Rail Forced Arbitration Act . 2. No validity or enforceability of arbitration agreements for consumer and civil rights disputes (a) In general Chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24323. Prohibition on mandatory arbitration (a) Purposes The purposes of this section are— (1) to prohibit predispute arbitration agreements that force arbitration of consumer and civil rights disputes between Amtrak and customers of Amtrak; and (2) to prohibit agreements and practices that interfere with the right of customers to participate in a joint, class, or collective action related to consumer and civil rights disputes between Amtrak and customers of Amtrak. (b) Definitions In this section: (1) Amtrak The term Amtrak means the National Railroad Passenger Corporation. (2) Civil rights dispute The term civil rights dispute means a dispute— (A) arising from an alleged violation of— (i) the Constitution of the United States or the constitution of a State; or (ii) any Federal, State, or local law that prohibits discrimination on the basis of— (I) race, sex, age, gender identity, sexual orientation, disability, religion, or national origin; or (II) any legally protected status in education, employment, credit, housing, public accommodations and facilities, voting, veterans and servicemembers, health care, or a program funded or conducted by the Federal Government or a State government, including any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section that relate to protecting individuals on any such basis; and (B) in which at least 1 party alleging a violation described in subparagraph (A) consists of 1 or more customers (or their authorized representative), including 1 or more individuals seeking certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law. (3) Consumer dispute The term consumer dispute means any dispute, including all claims related to personal injuries, between Amtrak and 1 or more customers who seek or acquire— (A) services and accommodations provided by Amtrak; or (B) carriage on Amtrak trains and equipment. (4) Customer The term customer means any individual, except for an employee of Amtrak and without regard to whether the individual is a minor or paid for the transportation, who seeks or acquires— (A) services and accommodations provided by Amtrak; or (B) carriage on Amtrak trains and equipment. (5) Predispute arbitration agreement The term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement. (6) Predispute joint-action waiver The term predispute joint-action waiver means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. (7) Rail passenger carrier The term rail passenger carrier means a rail carrier providing— (A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or (B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term does not include a tourist, historic, scenic, or excursion rail carrier. (c) In general (1) In general All predispute arbitration agreements and predispute joint-action waivers shall be invalid and unenforceable with respect to a consumer or civil rights dispute between Amtrak (in its capacity as a rail passenger carrier) and a customer of Amtrak. (2) Applicability (A) In general A determination of whether this section applies to a particular dispute shall be made in accordance with Federal law. (B) Authority of court The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court, rather than by an arbitrator, regardless of whether— (i) the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement; and (ii) the agreement purports to delegate such determinations to an arbitrator. (C) Exclusion Nothing in this section shall apply to a predispute arbitration agreement or joint action waiver invoked in connection with any dispute subject to the Railway Labor Act ( 45 U.S.C. 151 et seq. ). . (b) Effective date The amendments made by subsection (a)— (1) shall take effect on the date of the enactment of this Act; and (2) shall apply with respect to any dispute or claim that arises or accrues on or after such date. (c) Clerical amendment The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24323. Prohibition on mandatory arbitration. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3082is/xml/BILLS-117s3082is.xml
|
117-s-3083
|
II 117th CONGRESS 1st Session S. 3083 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mrs. Blackburn (for herself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve veterinary care for retired military working dogs, and for other purposes.
1. Short title This Act may be cited as the Support Our Military Working Dogs Act . 2. Department of Defense provision of veterinary care for retired military working dogs (a) In general Section 994 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by striking establish and maintain a system to ; (B) by striking for the veterinary care of and inserting veterinary care for ; and (C) by striking the second sentence; (2) in subsection (b), by inserting that the Secretary of the military department concerned determines is suitable for adoption or is before adopted ; and (3) in subsection (c), by striking the system authorized by . (b) Multi-Year agreements with other entities Such section is further amended by adding at the end the following new subsection: (d) Acceptance and use of donated funds (1) The Secretary of Defense may accept donations of funds, gifts, and in-kind contributions for the purpose of providing long-term care for any military working dog adopted under section 2583 of this title. Any amount so accepted shall be available without further appropriation and without fiscal year limitation. (2) The Secretary of Defense may enter into a multi-year agreement with a veterans service organization or appropriate nonprofit entity under which— (A) the organization or entity may solicit and accept donations of funds on behalf of the Department of Defense pursuant to paragraph (1); and (B) the organization or entity agrees to transfer any funds accepted pursuant to such an agreement to the Department of Defense. (3) In this subsection, the term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38. . 3. Prohibition on charge for adoption of military animals Section 2583(d) of title 10, United States Code, is amended by striking may and inserting shall . 4. Clarification of research under Joint Trauma Education and Training Directorate and inclusion of military working dogs and veterinary care (a) In general Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1071 note) is amended— (1) in paragraph (7), by striking of members of the Armed Forces and inserting with respect to members of the Armed Forces and military working dogs ; and (2) by striking paragraph (9) and inserting the following new paragraph: (9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat. . (b) Veterinarians in personnel management plan Subsection (d)(1) of such section is amended— (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following new subparagraph: (F) Veterinary care. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3083is/xml/BILLS-117s3083is.xml
|
117-s-3084
|
II 117th CONGRESS 1st Session S. 3084 IN THE SENATE OF THE UNITED STATES October 27, 2021 Ms. Hassan (for herself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend the Servicemembers Civil Relief Act to provide for the termination of telephone, multichannel video programming, and internet access service contracts by servicemembers after the receipt of stop movement orders due to an emergency situation, and for other purposes.
1. Short title This Act may be cited as the Emergency Relief for Servicemembers Act of 2021 . 2. Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation (a) In general Section 305A(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3956 (a)(1)) is amended— (1) by striking after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract. and inserting after— ; and (2) by adding at the end the following new subparagraphs: (A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or (B) the date the servicemember, while in military service, receives military orders (as defined in section 305( i)) for a permanent change of station (as defined in section 305(i)), thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract. . (b) Retroactive application The amendments made by this Act shall apply to any stop movement order issued on or after March 1, 2020.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3084is/xml/BILLS-117s3084is.xml
|
117-s-3085
|
II 117th CONGRESS 1st Session S. 3085 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Inhofe (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To assist in the transition of a certain hospital to a Medicare rural emergency hospital, and for other purposes.
1. Short title This Act may be cited as the Helping Account for Rural Medical Outpatient Needs in Oklahoma Act or the HARMON Oklahoma Act . 2. Assistance in the transition of a certain hospital to a Medicare rural emergency hospital (a) Special rule In the case of a critical access hospital (as defined in section 1861(mm) of the Social Security Act ( 42 U.S.C. 1395x(mm) )) with a Centers for Medicare & Medicaid Services certification number of 371338, the following shall apply: (1) Pursuant to the June 11, 2021, Centers for Medicare & Medicaid Services letter sent to the critical access hospital— (A) the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall suspend the running of the twenty-four month extension mentioned in the October 15, 2019, letter to the hospital during the COVID–19 public health emergency; and (B) the hospital shall have 19.7 months after the end of the COVID–19 public health emergency to notify the Centers for Medicare & Medicaid Services of the hospital's intent to either convert to an acute care hospital, transition to a rural emergency hospital under section 1861(kkk) of the Social Security Act ( 42 U.S.C. 1395x(kkk) ) (if the hospital qualifies as such), or terminate as a critical access hospital. (2) Prior to the end of the 19.7 months described in paragraph (1)(B), the Secretary shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital as long as the hospital continues to meet all of the requirements for designation as a critical access hospital other than the distance requirement under section 1820(c)(2)(B)(i) of such Act ( 42 U.S.C. 1395i–4(c)(2)(B)(i) ). (3) If, prior to the end of the 19.7 months described in paragraph (1)(B), the critical access hospital notifies the Secretary of the hospital's intention to transition to a rural emergency hospital, the Secretary— (A) shall give priority to the processing of the request for such transition; and (B) shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital prior to the later of— (i) the end of the 19.7 months described in paragraph (1)(B); or (ii) the date the Secretary makes a final determination with respect to such request. (b) Timeline for regulations (1) In general The Secretary shall— (A) not later than July 1, 2022, promulgate a proposed rule to carry out the provisions of, and amendments made by, section 125 of division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); and (B) not later than November 1, 2022, promulgate a final rule to carry out such provisions and amendments. (2) Additional information The Secretary shall ensure that the proposed and final rules required under paragraph (1) contain a description of the additional information that will be required under section 1861(kkk)(4) of the Social Security Act ( 42 U.S.C. 1395x(kkk)(4) ).
|
https://www.govinfo.gov/content/pkg/BILLS-117s3085is/xml/BILLS-117s3085is.xml
|
117-s-3086
|
II 117th CONGRESS 1st Session S. 3086 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Scott of Florida (for himself, Mr. Marshall , Ms. Lummis , Mrs. Capito , Mr. Johnson , Mr. Moran , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Energy Information Administration to submit to Congress and make publicly available an annual report on Federal agency policies and regulations and Executive orders that have increased or may increase energy prices in the United States, and for other purposes.
1. Short title This Act may be cited as the Give Americans Stability at Pumps as Rising Inflation Causes Emergencies Act or the GAS PRICE Act . 2. Report on policies, regulations, and Executive orders affecting energy prices Not later than 60 days after the date of enactment of this Act, and every year thereafter, the Energy Information Administration shall submit to Congress and make publicly available a report detailing each Federal agency policy or regulation and each Executive order with an effective date of January 20, 2021, or later that the Energy Information Administration determines has increased or may increase energy prices in the United States.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3086is/xml/BILLS-117s3086is.xml
|
117-s-3087
|
II 117th CONGRESS 1st Session S. 3087 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Casey (for himself, Mr. Cardin , Mr. Cassidy , Mr. Portman , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide authority to add additional vaccines to the list of taxable vaccines.
1. Short title This Act may be cited as the Vaccine Access Improvement Act of 2021 . 2. Addition of new vaccines to list of taxable vaccines (a) In general Section 4132(a)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (Q) Any vaccine which is not described in any other subparagraph of this paragraph and which is recommended by the Centers for Disease Control and Prevention for— (i) routine administration to children, or (ii) routine administration in pregnant women. . (b) Notification Not later than 30 days after the Director of the Centers for Disease Control and Prevention recommends a vaccine for routine administration to children or routine administration in pregnant women, the Secretary of Health and Human Services shall notify the Secretary of the Treasury, the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on Finance of the Senate , the Committee on Energy and Commerce of the House of Representatives , and the Committee on Ways and Means of the House of Representatives of such designation. (c) Effective date (1) Sales, etc The amendment made by subsection (a) shall apply to sales and uses on or after the later of— (A) the first day of the first month which begins more than 4 weeks after the date of the enactment of this Act; or (B) the date on which the Secretary of Health and Human Services lists any vaccine described in section 4132(a)(1)(Q) of the Internal Revenue Code of 1986, as added by subsection (a), (other than any vaccine so described listed by the Secretary prior to the date of the enactment of this Act) for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3087is/xml/BILLS-117s3087is.xml
|
117-s-3088
|
II 117th CONGRESS 1st Session S. 3088 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure America's children have the freedom to be healthy, to be economically secure, to learn, to not be hungry, and to be safe from harm.
1. Short title This Act may be cited as the Five Freedoms for America’s Children Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Freedom to be Healthy Sec. 101. Medicaid for all children from birth to age 19. TITLE II—Freedom to be Economically Secure Sec. 201. Establishment of child savings account program. TITLE III—Freedom to Learn Sec. 301. Increased mandatory funding for child care. Sec. 302. Mandatory appropriations for Head Start Act. Sec. 303. Enhancement of Child and Dependent Care Tax Credit. TITLE IV—Freedom from hunger Sec. 401. Mandatory direct certification. Sec. 402. Direct certification for children receiving Social Security income. Sec. 403. Retroactive reimbursement. Sec. 404. Universal Medicaid direct certification. Sec. 405. Universal meal service in high poverty areas. Sec. 406. Statewide free universal school meals demonstration projects. TITLE V—Freedom to be Safe from Harm Subtitle A—Funding for the Child Abuse Prevention and Treatment Act Sec. 501. Additional CAPTA funding. Subtitle B—Funding for Grants To Protect Children from Institutional and Systemic Abuse Sec. 511. Purpose. Sec. 512. Definitions. Sec. 513. Grant program. I Freedom to be Healthy 101. Medicaid for all children from birth to age 19 (a) In general Section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ) is amended— (1) by striking or at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting or at the end; and (3) by adding at the end the following new subclause: (X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , who are individuals who have not attained 19 years of age; . (b) Automatic enrollment Section 1902(e) of the Social Security Act is amended by striking paragraph (4) and inserting the following: (4) Automatic enrollment of children (A) In general Any child born in a State on or after the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act shall be considered to have applied for medical assistance under the State plan and shall be automatically enrolled for such assistance on the date of their birth. (B) Notification requirement The State shall inform the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) of the services that will be covered, appropriate methods for using such services, medical support obligations (under section 1912(a)) created by enrollment (if applicable), the actions the parent, guardian, or relative must take (if any) to maintain enrollment, and the actions the parent, guardian, or relative may take to disenroll the child. (C) Opt-out if other coverage is available The State shall establish a process to allow the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) to disenroll the child from the State plan through affirmation in writing if the child is enrolled in other health benefits coverage that— (i) at a minimum, provides the essential health benefits defined by the Secretary under section 1302(b) of the Patient Protection and Affordable Care Act; and (ii) meets such other requirements as the Secretary determines appropriate. . (c) Exclusion from definition of minimum essential coverage Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Treatment of certain coverage under the Medicaid program For purposes of subparagraph (B), an individual shall not be treated as eligible for minimum essential coverage if— (i) such coverage consists of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(i)(X) of the Social Security Act; and (ii) the individual is not enrolled in such a program for such medical assistance. . (d) Coverage of children without regard to immigration status Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended— (1) in paragraph (1), by striking and (4) and inserting , (4), and (5) ; (2) in paragraph (4)(A)(ii)— (A) in the clause header, by inserting aged 19 to 20 after Children ; and (B) by inserting who have attained 19 years of age but are before under 21 years of age ; and (3) by adding at the end the following paragraph: (5) (A) Notwithstanding any other provision of law, on and after the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , a State shall provide medical assistance under this title to any individual residing in the United States who is eligible for medical assistance under section 1902(a)(10)(A)(i)(X), without regard to whether the individual is lawfully residing in the United States. (B) No debt shall accrue under an affidavit of support against any sponsor of an individual provided medical assistance in accordance with subparagraph (A) and the cost of such assistance shall not be considered as an unreimbursed cost. . (e) Conforming amendments (1) Section 1137(f) of the Social Security Act ( 42 U.S.C. 1320b–7(f) ) is amended by inserting or to individuals who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X) and are provided such assistance in accordance with section 1903(v)(5) before the period. (2) Section 2107(e)(1)(N) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(N) ) is amended by inserting who have attained age 19 or 20 after immigrant children . (f) 100 percent Federal matching payments for medical assistance for children (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (B) by adding at the end the following new subsection: (jj) Enhanced FMAP for certain children Notwithstanding subsection (b), beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America’s Children Act , the Federal medical assistance percentage shall be 100 percent with respect to amounts expended by a State for medical assistance for individuals— (1) who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X); and (2) who would not have been eligible for medical assistance for full benefits (as defined in subsection (y)(2)(B)) under the State plan under this title or a waiver of such plan as such plan or waiver was in effect on January 1, 2021. . (2) Conforming amendment Section 9817(a)(1) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended by striking or (ii) of section 1905 and inserting (ii), or (jj) of section 1905 . II Freedom to be Economically Secure 201. Establishment of child savings account program (a) Establishment of program The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the Federal Child Savings Account Program , which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (b) Program specifications (1) In general (A) Savings accounts The Federal Child Savings Account Program established under this section shall— (i) permit the parent or guardian of an eligible individual to establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of the individual; (ii) establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of— (I) eligible individuals who are in foster care, in coordination with the Administration for Children and Families; and (II) other eligible individuals on whose behalf no account has been established by a parent or guardian under clause (i) as of the time the first deposit under paragraph (4)(A) is due to be made on behalf of such individuals, and notify such individuals of the establishment of such accounts; (iii) require the assets of each savings account established under the program to be held by the designated custodian; (iv) within the limitations of paragraph (3), permit contributions to be made periodically to such savings accounts by direct deposit through payroll deduction or by electronic means, and by methods that provide access for the unbanked; (v) provide for the annual deposit under paragraph (4) and the matching contributions under paragraph (5) to be made to such savings accounts, if applicable; (vi) as provided in subsection (c), permit distributions and rollovers from such savings accounts upon request of the parent or guardian of the individual on whose behalf the account is established before the individual has attained age 18, or upon request of such individual after such individual has attained age 18; (vii) include procedures to consolidate multiple accounts established for the same individual and return excess contributions on an annual basis, with notice provided to the parent or guardian of the individual (or, if appropriate, to the individual) and a procedure for resolution of disputes; and (viii) ensure that such savings accounts are invested solely in United States Treasury bonds. (B) Regulations, etc The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the Federal Child Savings Account Program, and are consistent with this section and section 529B of the Internal Revenue Code of 1986, including— (i) rules regarding the provision of periodic notices to individuals and parents or guardians of individuals, as appropriate, on whose behalf accounts are established under the program, including information on account balances and activity; (ii) rules regarding beneficiary designation in the case of the death of the individual on whose behalf an account was established; and (iii) coordination rules permitting savings accounts to be established under the Federal Child Savings Account Program in connection with State and local laws that provide contributions to savings accounts for residents. (C) Pilot program for deposits made with Federal partners The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. (2) No fees No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations (A) Contribution minimum The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. (B) Contribution limitation (i) In general Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. (ii) Phaseout The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that— (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (4) Annual deposit (A) In general Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. (B) Phaseout The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. (C) Deposit on behalf of children in foster care At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). (5) Matching contributions If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (7) State For purposes of this section, the term State includes the District of Columbia, any possession of the United States, and any Indian tribe (as defined in section 45A(c)(6) of the Internal Revenue Code of 1986). (8) Deposit of matching contributions into Roth IRA If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (9) Inflation adjustments (A) In general In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to— (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (10) Accounts may not be assigned An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. (11) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) increased by— (A) any amount excluded from gross income under section 911 of such Code; (B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax; and (C) an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d) of such Code) which is not included in gross income under such section 86 for the taxable year. (c) Distributions from savings account (1) In general After the earlier of— (A) the date the individual on whose behalf the savings account under the Federal Child Savings Account Program was established attains age 26; or (B) the date such individual receives a bachelor's degree or associate's degree, or enlists in active duty military service of the United States, amounts in such account may be contributed in a direct transfer to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) or a designated Roth account (within the meaning of section 402A of such Code) according to the rules of the Internal Revenue Code of 1986, or distributed to the individual in cash. (2) Distributions for higher education expenses Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to ABLE account Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible individual For purposes of this section, the term eligible individual means a child who has not attained age 18 and is a resident of the United States. (e) Treatment of accounts under certain Federal programs (1) Account funds disregarded for purposes of certain other means-tested Federal programs Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under the Federal Child Savings Account Program, any contributions to such account, and any distribution (or portion thereof) which is exempt from the tax under section 529B(d)(3) of the Internal Revenue Code of 1986 shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that— (A) a distribution for qualified acquisition costs (within the meaning of section 529B(d)(3)(C)(ii) of such Code) shall not be so disregarded; and (B) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (2) Suspension of SSI benefits during periods of excessive account funds (A) In general The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). (B) No impact on Medicaid eligibility An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (f) Disclosure of taxpayer information (1) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information for purposes of administration of the Federal Child Savings Account Program The Secretary shall disclose to any officer or employee of the Department of the Treasury, as necessary for the administration of the Federal Child Savings Account Program established under section 201(a) of the Five Freedoms for America’s Children Act , return information relating to taxpayer identity, dependents, adjusted gross income, and whether the taxpayer has claimed the earned income credit under section 32 for the taxable year. . (2) Prohibition of redisclosure Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking or (21) and inserting (21), or (23) . (g) Child Savings Account Program Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: 529B. Child Savings Account Program (a) General rule The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. (b) Federal Child Savings Account Program For purposes of this title, the term Federal Child Savings Account Program means the program established under section 201(a) of the Five Freedoms for America’s Children Act . (c) Treatment of contributions and earnings (1) In general No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. (2) Governmental and matching contributions Gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, shall not include the amount of any deposit made to the individual's account under the program pursuant to section 201(b)(4)(A), 201(b)(4)(C), or 201(b)(5) of the Five Freedoms for America’s Children Act . (d) Treatment of distributions (1) In general Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 201(c) of the Five Freedoms for America’s Children Act . (2) Treatment of rollovers (A) Roth IRAs Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 201(c)(1) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and (ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). (B) Designated Roth accounts Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 201(c)(1) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and (ii) as having been contributed to such designated Roth account in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 402(c). (C) ABLE accounts Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 201(c)(3) of the Five Freedoms for America’s Children Act shall be treated— (i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and (ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. (3) Tax on nonqualified use (A) In general The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. (B) Distributions from Roth IRA If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 201(c)(1) of the Five Freedoms for America’s Children Act , the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. (C) Qualified expenses For purposes of subparagraphs (A) and (B), the term qualified expenses means amounts paid or incurred by an individual— (i) as collateral required for a loan provided by the Small Business Administration, (ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or (iii) for qualified higher education expenses of the individual at an eligible educational institution. (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. . (h) Clerical amendment The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: Sec. 529B. Child Savings Account Program. . (i) Appropriation There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation— (1) $100,000,000 for technology and technology systems necessary for the implementation and administration of the Federal Child Savings Account Program; (2) $25,000,000 for each fiscal year beginning with fiscal year 2022 for the administration of the Federal Child Savings Account Program; and (3) such sums as are necessary to make contributions to Federal Child Savings Accounts as required under paragraphs (4)(A), (4)(C), and (5) of subsection (c). III Freedom to Learn 301. Increased mandatory funding for child care (a) In general Section 418(a)(3) of the Social Security Act ( 42 U.S.C. 618(a)(3) ) is amended to read as follows: (3) Appropriation (A) In general For grants under this section, there are appropriated $10,000,000,000 for each fiscal year. (B) Indian tribes and tribal organizations The Secretary shall reserve not less than 3 percent, and not more than 5 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to Indian tribes and tribal organizations. (C) Territories The Secretary shall reserve not less than 2 percent, and not more than 4 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to territories. (D) States The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States. . (b) Uses for increased funding Section 418 of such Act ( 42 U.S.C. 618 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c), the following: (d) Special rules for increased funding for states With respect to fiscal year 2022 and each fiscal year thereafter— (1) a State shall give priority to using the additional funds received by the State under this section for a fiscal year as a result of the amendment made by section 301(a) of the Five Freedoms for America’s Children Act for the provision of financial assistance for eligible children (which may include increased payment rates under section 658(e)(4)) of the Child Care and Development Block Grant Act of 1990, rather than for activities under section 658G of that Act or administrative activities; and (2) a State may only use such additional funds to supplement, and not supplant, funds for child care assistance or for other child-related initiatives that would, in the absence of such additional Federal funds, be made available from other Federal, State, and local sources for such assistance or initiatives. . (c) Conforming amendments Section 418(a) of such Act ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)(A), by striking after and inserting after the application of subparagraphs (B) and (C) of paragraph (3) and ; and (2) in paragraph (4)(E), by striking paragraph and inserting subsection . (d) Effective date The amendments made by this section take effect on October 1, 2021. 302. Mandatory appropriations for Head Start Act Section 639 of the Head Start Act ( 42 U.S.C. 9834 ) is amended to read as follows: 639. Mandatory appropriations (a) In general There are authorized to be appropriated, and there are appropriated, to carry out this subchapter (other than section 657B)— (1) for fiscal year 2022, $18,000,000,000; and (2) for each subsequent fiscal year, the amount that was applicable for the previous fiscal year, adjusted by the total percentage change that occurred in the Consumer Price Index for all Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor, for the 12-month period ending June 30 preceding the fiscal year. (b) Supplement, not supplant Funds available under subsection (a) to carry out this subchapter shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this subchapter. . 303. Enhancement of Child and Dependent Care Tax Credit (a) In general Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Applicable percentage (A) In general For purposes of paragraph (1), the term applicable percentage means 50 percent reduced (but not below the phaseout percentage) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $125,000. (B) Phaseout percentage For purposes of subparagraph (A), the term phaseout percentage means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $400,000. . (b) Increase in dollar limit on amount creditable Subsection (c) of section 21 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking $3,000 and inserting $8,000 ; and (2) in paragraph (2), by striking $6,000 and inserting $16,000 . (c) Special rule for married couples filing separate returns Paragraph (2) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Married couples filing separate returns (A) In general In the case of married individuals who do not file a joint return for the taxable year— (i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and (ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. (B) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection. . (d) Adjustment for inflation Section 21 of the Internal Revenue Code of 1986 is amended— (1) by striking subsections (g) and (h); (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection: (f) Inflation adjustment (1) In general In the case of a calendar year beginning after 2022, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100. . (e) Credit To be refundable (1) In general The Internal Revenue Code of 1986 is amended— (A) by redesignating section 21 as section 36C; and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments (A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking 21(e) and inserting 36C(e) . (B) Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) and inserting 36C(e) . (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking this chapter and inserting this subtitle . (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (E) Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2) . (F) Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2) . (G) Subsection (e) of section 213 of such Code is amended by striking section 21 and inserting section 36C . (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 and inserting section 36C . (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, 24, or 32, and inserting section 24, 32, or 36C, . (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. IV Freedom from hunger 401. Mandatory direct certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in the paragraph heading, by striking Discretionary certification and inserting Direct certification of additional low-income children ; and (2) in the matter preceding subparagraph (A), by striking may and inserting shall . 402. Direct certification for children receiving Social Security income (a) In general Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (F) a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). . (b) Data from Social Security Administration Section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ) is amended by adding at the end the following: (16) Data from social security administration In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located. . 403. Retroactive reimbursement Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) ) is amended by adding at the end the following: (D) Retroactive reimbursement (i) Definitions In this subparagraph: (I) Change in eligibility The term change in eligibility means, with respect to eligibility for the school lunch program under this Act— (aa) a change from eligibility for reduced price meals to eligibility for free meals; and (bb) a change from noneligibility to eligibility for free or reduced price meals. (II) Meal claim The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. (III) Previously submitted The term previously submitted , with respect to a meal claim, means a meal claim submitted on or after the retroactive date. (IV) Retroactive date The term retroactive date means the first day of the current school year. (ii) Retroactivity (I) Submission of meal claims A local educational agency shall— (aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and (bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). (II) Reimbursement by Secretary The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). (iii) Reimbursement to families A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child. . 404. Universal Medicaid direct certification Section 9(b)(15) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15) ) is amended— (1) in subparagraph (A)— (A) by striking clause (i) and inserting the following: (i) Eligible child (I) In general The term eligible child means a child who— (aa) (AA) is eligible for and receiving medical assistance under the Medicaid program; and (BB) is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or (bb) is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa). (II) Other children The term eligible child includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) )— (aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act ( 42 U.S.C. 670 et seq. ); (bb) by reason of section 473(b) of that Act ( 42 U.S.C. 673(b) ); or (cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ). ; and (B) by adding at the end the following: (iii) Without further application The term without further application has the meaning given the term in paragraph (4)(G). ; and (2) by striking subparagraphs (B) through (H) and inserting the following: (B) Agreement For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. (C) Procedures (i) In general Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for— (I) free or reduced price lunch under this Act; and (II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (ii) Free meals Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. (D) Certification Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for— (i) free or reduced price lunch under this Act; and (ii) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). . 405. Universal meal service in high poverty areas Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ) is amended by striking clause (vii) and inserting the following: (vii) Multiplier For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5. . 406. Statewide free universal school meals demonstration projects Section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1) ) is amended by adding at the end the following: (G) Statewide free universal school meals demonstration projects (i) Definitions In this subparagraph: (I) Demonstration project The term demonstration project means a demonstration project carried out under clause (ii). (II) Eligible school (aa) In general The term eligible school means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (bb) Exclusion The term eligible school does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). (III) Identified student The term identified student has the meaning given the term in subparagraph (F)(i). (IV) Selected State The term selected State means a State selected to carry out a demonstration project under clause (iii)(I). (ii) Establishment Not later than July 1, 2023, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State. (iii) State selection (I) In general The Secretary shall select not more than 5 States to each carry out a demonstration project. (II) Applications A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (III) Priority In carrying out subclause (I), the Secretary shall give priority to a State based on— (aa) the level of childhood poverty in the State; (bb) the extent to which the State has implemented subparagraph (F); (cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); (dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and (ee) the extent to which the State demonstrates a commitment to providing non-Federal funding under clause (vi)(III). (iv) Start date A demonstration project shall begin in a selected State on the first day of the school year in that State. (v) Special assistance payments (I) First year For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. (II) Subsequent years For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the higher of— (AA) the percentage of identified students in eligible schools as of the last day of the prior school year; and (BB) the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent. (III) Payment for other meals With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. (IV) Payments in lieu of A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. (vi) State implementation (I) Preliminary activities Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State— (aa) identify each eligible school in the State; (bb) in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount; (cc) inform local educational agencies of the demonstration project; and (dd) coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools. (II) Meal service As part of a demonstration project, an eligible school in a selected State— (aa) shall not collect applications for free and reduced price lunches under this Act; and (bb) shall make school meals available to all children at the school at no charge. (III) Non-Federal funding (aa) In general Each selected State may support the demonstration project using— (AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (BB) State revenues appropriated or used for program purposes under section 7 of this Act. (bb) Non-Federal contributions In addition to the funding received under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), each selected State shall provide funding from non-Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. (cc) Continuation of free rate (AA) Definition of covered school year In this item, the term covered school year means the school year preceding the first school year during which a demonstration project is carried out. (BB) Free rate A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. (vii) Report (I) In general Not later than September 30, 2027, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to— (aa) academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education; (bb) the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) among identified students and other students; (cc) school meal services, finances, and operations in the selected State; (dd) administrative costs to the selected State and the school food authorities participating in the demonstration project; and (ee) the integrity of the operation of the free lunch program under this Act in the selected State. (II) Funding (aa) In general On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. (bb) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation. . V Freedom to be Safe from Harm A Funding for the Child Abuse Prevention and Treatment Act 501. Additional CAPTA funding (a) Additional amounts for State grants To improve child protective services Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended by adding at the end the following: (g) Additional funding (1) In general To carry out this section, in addition to amounts made available under section 112 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments Except as otherwise provided in this section, out of the amounts appropriated under paragraph (1), the Secretary shall make allotments to each eligible State and territory in an amount equal to the sum of— (A) $50,000; and (B) an amount that bears the same relationship to any amounts appropriated under paragraph (1) that remain after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. (3) Eligible State To be eligible to receive an allotment under paragraph (2), a State or territory shall demonstrate in its application for a grant under this section that such State or territory, for purposes of carrying out the programs supported by such grant, will expend the same amount, or more, of State or territory funds in the fiscal year for which the grant is awarded as such State or territory expended for such purposes in the previous fiscal year. (4) Definitions In this subsection, the terms State and territory have the meanings given such terms in subsection (f)(1). . (b) Additional amounts for community-Based grants for the prevention of child abuse and neglect (1) In general Section 203 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116b ) is amended— (A) in subsection (a), by striking amount appropriated under section 210 and inserting amounts appropriated under section 209 and subsection (d)(1) ; and (B) by adding at the end the following: (d) Additional funding (1) Additional appropriation To carry out this title, in addition to amounts made available under section 209 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments (A) In general The Secretary shall allot the amount appropriated under paragraph (1) for a fiscal year and remaining after the reservation under subsection (a) among eligible States in the same manner the Secretary allots amounts appropriated under section 209 pursuant to subsection (b). For purposes of this paragraph, the allotment formula described in subsection (b) shall be applied substituting eligible State for State each place such term appears in such subsection, and substituting eligible States for States each place such term appears in such subsection. (B) Eligible State For purposes of this paragraph, the term eligible State means a State that demonstrates in its application for a grant under section 204 that such State, for purposes of carrying out the programs supported by a grant under this title, will expend the same amount, or more, of State funds in the fiscal year for which the grant is awarded as such State expended for such purposes in the previous fiscal year. . (2) Clarification Section 204(4) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d(4) ) is amended by inserting (excluding any amount received under section 203(d)) after received under this title . B Funding for Grants To Protect Children from Institutional and Systemic Abuse 511. Purpose The purpose of this subtitle is to support and assist States in investigating, recognizing, reporting and preventing institutional and systemic child abuse. 512. Definitions In this subtitle: (1) Institutional and systemic child abuse The term institutional and systemic child abuse means a pattern of any form of abuse or neglect of a child when occurring while the child is in the care of a public or private facility in the State, including a correctional facility, detention facility, treatment facility, childcare center, educational or religious institution, and hospital. (2) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Unit of local government The term unit of local government means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or (C) an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior. 513. Grant program (a) Grants required The Attorney General shall make grants to States to assist States in investigating, recognizing, reporting, and preventing institutional and systemic child abuse. (b) Allocation of funds Funds shall be allocated annually among eligible States on the basis of relative population of individuals under the age of 18, but the amount allocated to any State in a fiscal year shall not be less than $500,000. (c) Requirements (1) Plan (A) In general To be eligible for a grant under this subtitle, a State shall submit to the Attorney General a plan for carrying out programs, projects, and activities using the funds made available through the grant during a 5-year period. (B) Update A State shall annually update a plan submitted under subparagraph (A) to include new programs, projects, and activities dedicated to recognizing, reporting, investigating, and preventing institutional and systemic child abuse. (C) Regulations The Attorney General shall promulgate regulations that require that any plan submitted under this paragraph— (i) provide that not less than 70 percent of funds allocated to the State shall be distributed to the attorney general of the State or other chief law enforcement officer for— (I) conducting investigations into institutional and systemic child abuse; and (II) planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (ii) provide that not less than 20 percent of funds allocated to the State shall be distributed equitably to units of local government for planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (iii) designate a senior official reporting to the attorney general of the State or other chief law enforcement officer as responsible for— (I) supervising the preparation and administration of the plan submitted under subparagraph (A); and (II) overseeing all investigations, education, training, and research in the office of the attorney general of the State or other chief law enforcement officer related to institutional and systemic child abuse; and (iv) contain satisfactory evidence that the official designated in accordance with clause (iii) has or will have authority, by legislation if necessary, to implement the plan in accordance with this subtitle. (2) Annual performance reports Each State awarded a grant under this subtitle shall submit to the Attorney General an annual performance report that— (A) describes the progress of the State in implementing the original plan submitted under paragraph (1)(A); and (B) describes the status of compliance with the requirements of the plan. (3) Rule of construction Nothing in this subsection may be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to a child. (d) Noncompliance (1) Failure to comply with requirements If a State fails to comply with any of the applicable requirements in subsection (c), in any fiscal year beginning after September 30, 2021— (A) subject to subparagraph (B), the amount allocated to the State under subsection (b) for the subsequent fiscal year shall be reduced by not less than 20 percent for each such requirement with respect to which the failure occurs; and (B) the State shall be ineligible to receive any allocation under such section for such fiscal year unless— (i) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any requirement with respect to which the State is in noncompliance; or (ii) the Attorney General determines that the State— (I) has achieved substantial compliance with the requirements with respect to which the State was not in compliance; and (II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such requirements within a reasonable time. (2) Nonsubmission or nonqualification of plan (A) In general If a State does not submit a plan, fails to submit a plan, or submits a plan or any modification thereof, that the Attorney General, after reasonable notice and opportunity for hearing, determines does not meet the requirements of this subtitle, the Attorney General shall endeavor to make the allocation to the State under subsection (b) available to local public and private nonprofit agencies within the State for use in carrying out activities described in subsection (c)(1)(C)(i)(II). (B) Other funds The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle. (e) Regulations The Attorney General shall promulgate regulations to carry out this subtitle. (f) Administrative expenses The Attorney General may use not more than 5 percent of the funds appropriated for a fiscal year to carry out this subtitle for the Federal administrative costs of carrying out this subtitle for that fiscal year. (g) Direct appropriation To carry out this subtitle, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3088is/xml/BILLS-117s3088is.xml
|
117-s-3089
|
II 117th CONGRESS 1st Session S. 3089 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Grassley (for himself, Ms. Stabenow , Ms. Ernst , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend section 721 of the Defense Production Act of 1950 to include the Secretary of Agriculture and the Secretary of Health and Human Services as members of the Committee on Foreign Investment in the United States and to require the Committee to consider the security of the food and agriculture systems of the United States as a factor to be considered when determining to take action with respect to foreign investment, and for other purposes.
1. Short title This Act may be cited as the Food Security is National Security Act of 2021 . 2. Consideration of food insecurity in determinations of the Committee on Foreign Investment in the United States Section 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) ) is amended— (1) in paragraph (10), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) the potential effects of the proposed or pending transaction on the security of the food and agriculture systems of the United States, including any effects on the availability of, access to, or safety and quality of food; and . 3. Inclusion of Secretaries of Agriculture and Health and Human Services on the Committee on Foreign Investment in the United States Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (J), (K), and (L), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture. (I) The Secretary of Health and Human Services. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3089is/xml/BILLS-117s3089is.xml
|
117-s-3090
|
II 117th CONGRESS 1st Session S. 3090 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Menendez (for himself, Mr. Risch , Mr. Kaine , Mr. Inhofe , Mr. Markey , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address the participation of Taiwan in the Inter-American Development Bank.
1. Findings Congress makes the following findings: (1) The Inter-American Development Bank (referred to in this Act as the IDB ) was established in 1959 and— (A) is the premier multilateral development bank in the Western Hemisphere; (B) is the largest source of development financing for Latin America and the Caribbean; and (C) issued more than $140,000,000,000 in loans and grants between 2011 and 2021. (2) The IDB— (A) has 48 member states, of which 26 are borrowing members in the Latin America and the Caribbean region; and (B) constitutes a critical forum for fostering collective action and meeting shared regional challenges, including COVID–19 recovery and response. (3) Japan, the Republic of Korea, and the People’s Republic of China are among the 22 non-borrowing, non-Western Hemisphere members of the IDB. (4) Taiwan— (A) has been an observer at the IDB since 1991; (B) has contributed to a specialized financial intermediary development fund at IDB Lab since 2006; (C) has been a non-regional member country of the Central American Bank for Economic Integration since 1992; (D) is a member of the Asian Development Bank, the World Trade Organization, the Asia-Pacific Economic Cooperation, and the International Chamber of Commerce; and (E) is a participant of the Organisation for Economic Co-operation and Development’s Competition Committee, its Steel Committee, and its Fisheries Committee. (5) Taiwan’s economy is the 7th largest in Asia and the 20th largest in the world by purchasing power parity. (6) Taiwan has been a model contributor of foreign aid in Latin America and the Caribbean, allocating between 30 percent and 50 percent of its foreign aid budget to Latin America and the Caribbean. (7) Since 2010, Taiwan’s International Cooperation and Development Fund has funded 95 projects in Central America, 64 projects in the Caribbean, and 21 projects in South America. (8) Taiwan has been a firm supporter of Haiti as it confronts multiple simultaneous crises— (A) by providing more than $145,000,000 in financing to modernize Haiti’s electrical grid; (B) by delivering 280,000 masks at the height of the COVID–19 pandemic; and (C) by pledging $500,000 in disaster relief immediately after the August 14, 2021, earthquake in Haiti. (9) According to data from the Pan American Development Foundation, communities receiving assistance from Taiwan display increased— (A) food security; (B) income generation; and (C) capacity to recover from natural disasters. (10) Taiwan has placed special emphasis on fostering development in Central America and in the Caribbean, including by signing the Agreement on the Republic of China (Taiwan)—Central America Economic Development Fund in 1998. (11) Through its non-regional partner status at the Central American Bank for Economic Integration, Taiwan has provided $266,700,000 in financial assistance to help Central American countries respond to the COVID–19 pandemic. On April 22, 2021, the Central American Bank for Economic Integration announced the opening of its Representative Office in Taiwan, deepening investment ties between Taiwan and Central America. (12) Taiwan maintains diplomatic relations with 9 countries in Latin America and the Caribbean and 8 representative offices in 7 other countries in the region. (13) Since 2016, the Government of the People’s Republic of China has engaged in aggressive economic diplomacy to compel the withdrawal of diplomatic recognition for Taiwan, most notably in Panama, the Dominican Republic, and El Salvador, all of which have terminated longstanding and productive diplomatic relationships with Taiwan and granted diplomatic recognition to the People’s Republic of China. (14) The Government of the People’s Republic of China— (A) announced a $1,100,000,000 construction project in Panama on the day that Panama switched its recognition from Taiwan to the People’s Republic of China; and (B) similarly offered assistance packages to the Dominican Republic and El Salvador in 2018 in exchange for these countries ceasing their diplomatic recognition of Taiwan. (15) Taiwan’s international engagement has faced increased resistance from the Government of the People’s Republic of China, which has used its influence to deny Taiwan’s invitations to multilateral fora. For example, Taiwan was not invited to the 2016 Assembly of the International Civil Aviation Organization (ICAO), despite participating as a guest at ICAO’s 2013 summit. Taiwan’s requests to participate in the General Assembly of the International Criminal Police Organization (commonly known as INTERPOL ) were also rejected. (16) Taiwan’s inclusion in multilateral organizations, such as the IDB, advances peace and stability in the world and in the Western Hemisphere specifically. (17) Congress has demonstrated a longstanding policy of supporting Taiwan’s participation in international bodies that address shared transnational challenges by— (A) authorizing the Secretary of State, in Public Law 106–137 , Public Law 107–10 , and Public Law 108–235 , to initiate a United States plan for supporting Taiwan’s participation as an observer in the activities of the World Health Organization; (B) directing the Secretary of State, in Public Law 113–17 , to report on a strategy to obtain observer status for Taiwan at the International Civil Aviation Organization Assembly; and (C) directing the Secretary of State, in Public Law 114–139 , to develop a strategy to obtain observer status for Taiwan at the INTERPOL Assembly. (18) Despite these efforts, Taiwan has not received an invitation to attend as an observer any of the events of the international organizations referred to in paragraph (17) since 2016. 2. Sense of Congress It is the sense of Congress that— (1) the United States fully supports Taiwan’s participation in, and contribution to, international organizations and underscores the importance of the relationship between Taiwan and the United States; (2) diversifying the Inter-American Development Bank’s donor base and increasing ally engagement in the Western Hemisphere reinforces United States national interests; (3) Taiwan’s significant contribution to the development and economies of Latin America and the Caribbean demonstrate that Taiwan’s membership in the IDB as a non-borrowing member would benefit the IDB and the entire Latin American and Caribbean region; and (4) non-borrowing membership in the IDB would allow Taiwan to substantially leverage and channel the immense resources Taiwan already provides to Latin America and the Caribbean to reach a larger number of beneficiaries. 3. Plan for the participation of Taiwan in the Inter-American Development Bank The Secretary of State, in coordination with the Secretary of the Treasury, is authorized— (1) to initiate a United States plan to endorse non-borrowing IDB membership for Taiwan; and (2) to instruct the United States Governor of the IDB to work with the IDB Board of Governors to admit Taiwan as a non-borrowing member of the IDB. 4. Report concerning member state status for Taiwan at the Inter-American Development Bank Not later than 90 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State, in coordination with the Secretary of the Treasury, shall submit an unclassified report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) describes the United States plan to endorse and obtain non-borrowing membership status for Taiwan at the IDB; (2) includes an account of the efforts that the Secretary of State and the Secretary of the Treasury have made to encourage IDB member states to promote Taiwan’s bid to obtain non-borrowing membership at the IDB; and (3) identifies the steps that the Secretary of State and the Secretary of the Treasury will take to endorse and obtain non-borrowing membership status for Taiwan at the IDB in the following year.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3090is/xml/BILLS-117s3090is.xml
|
117-s-3091
|
II 117th CONGRESS 1st Session S. 3091 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Ossoff (for himself, Mr. Warnock , Ms. Stabenow , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish the advanced solar manufacturing production credit.
1. Short title This Act may be cited as the Solar Energy Manufacturing for America Act . 2. Advanced solar manufacturing production credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 36C. Advanced solar manufacturing production credit (a) In general (1) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each solar component which is— (A) produced by such taxpayer, and (B) during the taxable year— (i) sold by the taxpayer to— (I) an unrelated person, or (II) a related person for the use of such person in their trade or business (with the exception of any trade or business related to resale of such solar component without any subsequent modification, assembly, or integration into a project), or (ii) placed in service or operation by the taxpayer or any other person. (2) Production and sale must be in trade or business Any solar component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer. (b) Credit amount (1) In general Subject to paragraph (3), the amount determined under this subsection with respect to any solar component shall be equal to— (A) in the case of an integrated module, an amount equal to the product of— (i) 11 cents, multiplied by (ii) the capacity of such module (expressed on a per direct current watt basis), (B) in the case of a photovoltaic cell, an amount equal to the product of— (i) 4 cents, multiplied by (ii) the capacity of such cell (expressed on a per direct current watt basis), (C) in the case of a photovoltaic wafer, $12 per square meter, (D) in the case of solar grade polysilicon, $3 per kilogram, (E) in the case of a solar module which is not an integrated module, an amount equal to the product of— (i) 7 cents, multiplied by (ii) the capacity of such module (expressed on a per direct current watt basis), (F) in the case of a solar tracker torque tube, an amount equal to the product of— (i) 87 cents, multiplied by (ii) the mass of such torque tube (expressed on a per kilogram basis), (G) in the case of a solar tracker longitudinal purlin, an amount equal to the product of— (i) 87 cents, multiplied by (ii) the mass of such longitudinal purlin (expressed on a per kilogram basis), (H) in the case of a solar structural fastener, an amount equal to the product of— (i) $2.28, multiplied by (ii) the mass of such structural fastener (expressed on a per kilogram basis), and (I) in the case of an inverter, an amount equal to the product of— (i) the applicable amount, multiplied by (ii) the capacity of such inverter (expressed on a per alternating current watt basis). (2) Applicable amount For purposes of paragraph (1)(I), the applicable amount with respect to any inverter shall be— (A) in the case of a central inverter, 0.25 cents, (B) in the case of a utility-scale inverter, 1.5 cents, (C) in the case of a commercial inverter, 2 cents, (D) in the case of a residential inverter, 6.5 cents, and (E) in the case of a microinverter, 11 cents. (3) Phase out (A) In general In the case of any solar component sold after December 31, 2028, the amount determined under this subsection with respect to such component shall be equal to the product of— (i) the amount determined under paragraph (1) with respect to such component, as determined without regard to this paragraph, multiplied by (ii) the phase out percentage under subparagraph (B). (B) Phase out percentage The phase out percentage under this subparagraph is equal to— (i) in the case of a solar component sold during calendar year 2029, 70 percent, (ii) in the case of a solar component sold during calendar year 2030, 35 percent, and (iii) in the case of a solar component sold after December 31, 2030, 0 percent. (c) Definitions and other rules In this section— (1) Solar component The term solar component means any property described in paragraph (2). (2) Other definitions (A) Integrated module The term integrated module means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product which is— (i) suitable to generate electricity when exposed to sunlight, and (ii) ready for installation without additional manufacturing processes. (B) Photovoltaic cell The term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity. (C) Photovoltaic wafer The term photovoltaic wafer means a thin slice or sheet of semiconductor material of at least 240 square centimeters produced by a single manufacturer— (i) either— (I) directly from molten solar grade polysilicon, or (II) through formation of an ingot from molten polysilicon and subsequent slicing, and (ii) which comprises the substrate of a photovoltaic cell. (D) Solar grade polysilicon The term solar grade polysilicon means silicon which is— (i) suitable for use in photovoltaic manufacturing, and (ii) purified to a minimum purity of 99.999999 percent silicon by mass. (E) Solar module The term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is— (i) suitable to generate electricity when exposed to sunlight, and (ii) ready for installation without an additional manufacturing process. (F) Solar tracker components (i) In general The term solar tracker means a structural support element which supports and mechanically moves solar panels to varying angles with respect to the position of the sun to optimize solar panel output throughout the day. (ii) Solar tracker torque tube The term solar tracker torque tube means a tubular structural steel support element of any cross-sectional shape which— (I) is part of a solar tracker, (II) may be assembled from individually manufactured segments, (III) spans longitudinally between foundation posts, (IV) supports a solar panel (with or without the use of additional support rails), and (V) is rotated by means of a drive system. (iii) Solar tracker longitudinal purlin The term solar tracker longitudinal purlin means a structural steel support element which satisfies the conditions described in subclauses (I) through (V) of clause (ii). (iv) Solar structural fastener The term solar structural fastener means a component which is used to connect— (I) segments of a solar tracker torque tube or solar tracker longitudinal purlin, (II) the mechanical and drive system components of a solar tracker to the foundation of such solar tracker, or (III) solar tracker torque tubes or solar tracker longitudinal purlins to drive assemblies. (G) Inverters (i) In general The term inverter means an end product which is suitable to convert direct current electricity into alternating current electricity. (ii) Central inverter The term central inverter means an inverter which is suitable for large utility-scale systems and has a capacity which is greater than 1,500 kilowatts (expressed on a per alternating current watt basis). (iii) Commercial inverter The term commercial inverter means an inverter which— (I) is suitable for commercial applications, (II) has a rated output of 208, 480, or 600 volt three-phase power, and (III) has a capacity which is not less than 20 kilowatts and not greater than 170 kilowatts (expressed on a per alternating current watt basis). (iv) Microinverter The term microinverter means an inverter which— (I) is suitable to connect with at least one integrated module or solar module, (II) has a rated output of 120 volt single-phase power, and (III) has a capacity which is not greater than 650 watts (expressed on a per alternating current watt basis). (v) Residential inverter The term residential inverter means an inverter which— (I) is suitable to connect with at least one integrated module or solar module for a residence, (II) has a rated output of 120 volt single-phase power, and (III) has a capacity which is not greater than 20 kilowatts (expressed on a per alternating current watt basis). (vi) Utility-scale inverter The term utility-scale inverter means an inverter which— (I) is suitable for large utility-scale systems, (II) has a rated output of not less than 480 volt three-phase power, and (III) has a capacity which is greater than 170 kilowatts and not greater than 1,500 kilowatts (expressed on a per alternating current watt basis). (3) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling components to an unrelated person if such component is sold to such a person by another member of such group. (4) Only production in the United States taken into account Sales shall be taken into account under this section only with respect to solar components the production of which is within— (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (d) Registration (1) In general The Secretary shall require any person claiming tax benefits under the provisions of this section to register with the Secretary at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. A registration under this subsection may be used only in accordance with regulations prescribed under this subsection. (2) Registration in event of change in ownership Under regulations prescribed by the Secretary, a person (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to re-register under this subsection if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, such person are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions). (3) Denial, revocation, or suspension of registration Rules similar to the rules of section 4222(c) shall apply to registration under this section. (4) Information reporting The Secretary may require— (A) information reporting by any person registered under this subsection, and (B) information reporting by such other persons as the Secretary deems necessary to carry out this section. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Advanced solar manufacturing production credit. . (c) Effective date The amendments made by this section shall apply to components produced and sold after December 31, 2021.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3091is/xml/BILLS-117s3091is.xml
|
117-s-3092
|
II 117th CONGRESS 1st Session S. 3092 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Padilla (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the provision of certain disaster assistance, and for other purposes.
1. Short title This Act may be cited as the FEMA Improvement, Reform, and Efficiency Act of 2021 or the FIRE Act . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term emergency means an emergency declared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); (4) the terms Indian tribal government , local government , and State have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); and (5) the term major disaster means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 3. Authority for relocation projects (a) Eligibility for assistance An eligible applicant seeking public mitigation assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) or section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) may be eligible to receive such assistance for the relocation of an eligible structure if the entity— (1) demonstrates that— (A) the structure is at risk from future damage, based on the most recently conducted hazard map or State or local expert risk assessment, regardless of whether the risk is of repetitive or heavy damage; (B) the overall relocation project reduces the risk to the structure and is cost effective; and (C) the overall relocation project does not increase risk to adjacent structures; (2) complies with all other eligibility requirements for relocation projects; and (3) complies with Federal requirements for the project. (b) Applicability Subsection (a) shall apply to a major disaster declared by the President on or after the date of enactment of this Act. 4. Red flag warnings and predisaster actions Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the National Weather Service of the National Oceanic and Atmospheric Administration, shall— (1) conduct a study of, develop recommendations for, and initiate a process for the use of Red Flag Warnings and similar weather alert and notification methods, including the use of emerging technologies, to establish— (A) plans and actions, consistent with law, that can be implemented prior to a wildfire event, including pre-impact disaster declarations and surge operations, that can limit the impact, duration, or severity of the fire; and (B) mechanisms to increase interagency collaboration to expedite the delivery of disaster assistance; and (2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive report regarding the study described in paragraph (1), including any recommendations of the Administrator, and the activities of the Administrator to carry out paragraph (1). 5. Assistance for wildfire damage Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate regarding— (1) the application for assistance and consistency of assistance provided by the Agency in response to wildfires; and (2) the kinds of damage that result from wildfires. 6. GAO report on gaps Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines— (1) gaps in the policies of the Agency related to wildfires, when compared to other hazards; (2) disparities in regulations and guidance issued by the Administrator, including any oversight of the programs of the Agency, when addressing impacts of wildfires and other hazards; (3) ways to shorten the period of time between the initiating of and the distribution of assistance, reimbursements, and grants; (4) the effectiveness of the programs of the Agency in addressing wildfire hazards; (5) ways to improve the ability of the Agency to assist States, local governments, and Indian tribal governments to prepare for, respond to, recover from, and mitigate against wildfire hazards; (6) revising the application process for assistance relating to wildfires to more effectively assess uninsured and underinsured losses and serious needs; and (7) with respect to the community development block grant disaster recovery and mitigation programs authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. )— (A) establishing clear triggers for the appropriation of funds related to those programs based on the declaration of a major disaster that reaches identified thresholds; and (B) amending title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) to permanently establish the requirements for those programs and allow for the development of pre-disaster action plans. 7. Crisis counseling cultural competency Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5183 ) is amended— (1) by striking The President and inserting the following: (a) In general The President ; and (2) by adding at the end the following: (b) Cultural competency The President shall, in consultation with affected States, local governments, and Indian tribal governments and cultural experts, ensure that any individual providing professional counseling services to victims of a major disaster as authorized under subsection (a), including those working for nonprofit partners and recovery organizations, is appropriately trained to address— (1) cultural competency and respectful care practices; and (2) impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged backgrounds. . 8. Case management cultural competency Section 426 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5189d ) is amended— (1) by striking The President and inserting the following: (a) In general The President ; and (2) by adding at the end the following: (b) Cultural competency The President shall, in consultation with affected States, local governments, and Indian tribal governments and cultural experts, ensure that any individual providing case management services to victims of a major disaster as authorized under subsection (a), including those working for nonprofit partners and recovery organizations, is appropriately trained to address— (1) cultural competency and respectful care practices; and (2) impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged backgrounds. . 9. Study and plan for disaster housing assistance (a) Study Not later than 180 days after the date of enactment of this Act, the Administrator shall— (1) conduct a study and develop a plan, consistent with law, under which the Agency will address providing housing assistance to survivors of major disasters or emergencies when presented with challenges such as— (A) the lack of proof of ownership or ownership documentation; (B) the presence of multiple families within a single household; and (C) the near loss of a community, with the majority of homes destroyed in that community, including as a result of a wildfire, earthquake, or other event causing a major disaster; and (2) make recommendations for legislative changes needed to address— (A) the unmet needs of survivors of major disasters or emergencies who are unable to document or prove ownership of the household; (B) the presence of multiple families within a single household; and (C) the near loss of a community, with the majority of homes destroyed in that community, including as a result of a wildfire, earthquake, or other event causing a major disaster. (b) Comprehensive report The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that provides a detailed discussion of the plans developed under subsection (a)(1) and the recommendations of the Administrator under subsection (a)(2). (c) Briefing Not later than 30 days after submission of the report and recommendations under subsection (b), the Administrator shall brief the committees described in subsection (b) on the findings and any recommendations made pursuant to this section. 10. Reimbursement Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate regarding the extent to which the Agency is using housing solutions proposed by a State or local government to reduce the time or cost required to implement housing solutions after a major disaster. 11. Wildfire insurance study by the national academies (a) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct a study of— (A) potential solutions to address the availability and affordability of insurance for wildfire perils in all regions of the United States, including consideration of a national all natural hazards insurance program; (B) the ability of States, communities, and individuals to mitigate wildfire risks, including the affordability and feasibility of such mitigation activities; (C) the current and potential future effects of land use policies and building codes on the potential solutions; (D) the reasons why many properties at risk of wildfire lack insurance coverage; (E) the role of insurers in providing incentives for wildfire risk mitigation efforts; (F) the state of catastrophic insurance and reinsurance markets and the approaches in providing insurance protection to different sectors of the population of the United States; (G) the role of the Federal Government and State and local governments in providing incentives for feasible wildfire risk mitigation efforts and the cost of providing assistance in the absence of insurance; (H) the state of modeling and mapping wildfire risk and solutions for accurately and adequately identifying future wildfire risk; (I) approaches to insuring wildfire risk in the United States; and (J) such other issues that may be necessary or appropriate for the report. (2) Consultation The agreement to conduct the study described in subsection (a), shall require that, in conducting the study, the National Academy of Sciences shall consult with State insurance regulators, consumer organizations, representatives of the insurance and reinsurance industry, policyholders, and other organizations and experts, as appropriate. (b) Submission Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress the results of the study commissioned under subsection (a). (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 12. Increased cap for emergency declarations based on regional cost of living Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate regarding the benefits and drawbacks of establishing a maximum amount for assistance provided for an emergency that is based on the cost of living in the region in which the emergency occurs. 13. Facilitating disposal of temporary transportable housing units to survivors Section 408(d)(2)(B)(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(d)(2)(B)(i) ) is amended by inserting , with priority given to a survivor of a major disaster who suffered a property loss as a result of the major disaster after any person . 14. Deadline on code enforcement and floodplain management cost eligibility Section 406(a)(2)(D) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172(a)(2)(D) ) is amended— (1) by striking period of not more than 180 days and all that follows and inserting the following: period of— (i) except as provided in clause (ii), not more than 1 year after the major disaster is declared; or (ii) for flooding and other natural catastrophes, including a major disaster declared in relation to a fire or earthquake, not more than 1 year after the date on which incident occurs or the major disaster is declared. . 15. Permit applications for Tribal upgrades to Emergency Operations Centers Section 614(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196c(a) ) is amended by inserting and Indian tribal governments after grants to States .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3092is/xml/BILLS-117s3092is.xml
|
117-s-3093
|
II 117th CONGRESS 1st Session S. 3093 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Padilla (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the provision of certain disaster assistance, and for other purposes.
1. Short title This Act may be cited as the Disaster Equity and Fairness Act . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Agency; (2) the term Agency means the Federal Emergency Management Agency; (3) the term emergency means an emergency declared or determined to exist by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); (4) the terms Indian tribal government and local government have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); and (5) the term major disaster means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 3. Increase cost-share for consecutive impacts (a) In general Notwithstanding the provisions of law described in subsection (b), for assistance provided under sections 403, 404, 406, 408, 420, and 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b , 5170c, 5172, 5174, 5187, 5189f) to a local government or Indian tribal government in connection with the second, or subsequent, major disaster during any 3-year period, the Federal share shall be not less than 90 percent of the eligible cost of such assistance. (b) Provisions The provisions of law described in this subsection are sections 403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 420(a), and 428(e)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b(b) , 5170b(c)(4), 5170c(a), 5172(b), 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2)). 4. State and local plans for meal delivery (a) In general Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: 431. State and local plans for meal delivery (a) In general The Administrator may provide assistance to a State, local government, or Indian tribal government to reimburse the cost of coordinating food delivery, production, and distribution in the event of a major disaster, including— (1) establishing a network to coordinate food delivery, production, and distribution with businesses and private nonprofit organizations; (2) establishing contracts with small and mid-sized restaurants, food vendors, and private nonprofit organizations, including faith-based organizations, food banks, and soup kitchens, to prepare healthy meals for people in need; and (3) partnering with private nonprofit organizations, including faith-based organizations, food banks, and soup kitchens to purchase directly from food producers and farmers. (b) Federal share The Federal share of the cost of an activity carried out using assistance under this section shall be— (1) 100 percent of the eligible cost of food delivery, production, and distribution during the 30-day period beginning on the date of the declaration of the major disaster; and (2) not less than 90 percent of such eligible cost after the end of the 30-day period described in paragraph (1). . (b) Emergencies Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5192(a) ) is amended— (1) in paragraph (7), by striking and at the end; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) provide assistance for food delivery, production, and distribution in accordance with section 431; and . (c) Guidance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue comprehensive guidance to States, local governments, and Indian tribal governments regarding receiving reimbursement for the cost of food delivery, production, and distribution in the event of an emergency or major disaster under section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (a), including— (1) establishing a coordination network; (2) enabling streamlined arrangements for food production and distribution; and (3) streamlined contracting and partnering with private nonprofit organizations such that private nonprofit organizations may apply directly for reimbursement under such section as an agent of a State, local government, or Indian tribal government. 5. Underserved communities (a) In general Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) is amended— (1) by striking small impoverished each place it appears except in subsection (a) and inserting underserved ; (2) by striking subsection (a) and inserting the following: (a) Definition of underserved community In this section, the term underserved community means populations sharing a particular characteristic, and geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, such as— (1) Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; (2) members of religious minorities; (3) lesbian, gay, bisexual, transgender, queer, and nonbinary persons; (4) persons with access and functional needs; (5) persons who live in rural or geographically isolated areas; and (6) persons otherwise adversely affected by persistent poverty or inequality. ; and (3) in subsection (h)— (A) in paragraph (2)— (i) in the paragraph heading, by striking small impoverished and inserting underserved ; and (ii) by striking carried out in a and inserting carried out in, or that will benefit persons who are members of, an ; and (B) by adding at the end the following: (3) Technical assistance The Administrator shall provide direct technical assistance to eligible entities under this section for applications under this section, prioritizing communities that— (A) have not received hazard mitigation assistance under this Act during the 5-year period ending on the date of enactment of this paragraph; (B) are Indian tribal governments; (C) are underserved communities; (D) have demonstrated a compelling need, such as significant social vulnerability; (E) have experienced multiple major disaster declarations during the 5-year period ending on the date of enactment of this paragraph; or (F) are exposed to increased hazards or vulnerabilities. . (b) Increase cost-Share (1) Definition In this subsection, the term underserved community has the meaning given that term in subsection (a) of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), as amended by this section. (2) Federal share Notwithstanding the provisions of law described in paragraph (3), for any emergency or major disaster, the Federal share of assistance provided under sections 403, 404, 406, 408, 420, 428, and 503 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b , 5170c, 5172, 5174, 5187, 5189f, 5193)) or section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ), shall be not less than 90 percent of the eligible cost of such assistance for a recipient— (A) that will use the assistance in, or for the benefit of persons who are members of, an underserved community; or (B) who is in, or who is a member of, an underserved community. (3) Provisions The provisions of law described in this paragraph are sections 403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 420(a), 428(e)(2)(B), and 503(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b(b) , 5170b(c)(4), 5170c(a), 5172(b), 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2), 5193(a)). (c) Technical and conforming amendment The Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ) is amended— (1) in section 4 ( 42 U.S.C. 7703 ), by adding at the end the following: (11) The term small impoverished community means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. ; and (2) in section 5(b)(2)(B)(ii) ( 42 U.S.C. 7704(b)(2)(B)(ii) ), by striking , as defined in section 203 of the Disaster Relief Act of 1974 ( 42 U.S.C. 5133(a) ) .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3093is/xml/BILLS-117s3093is.xml
|
117-s-3094
|
II 117th CONGRESS 1st Session S. 3094 IN THE SENATE OF THE UNITED STATES October 27, 2021 Mr. Moran (for himself, Mr. Manchin , Mr. Sullivan , Mrs. Capito , Mr. Marshall , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve homeless veterans reintegration programs, and for other purposes.
1. Short title This Act may be cited as the Reaching Every Homeless Veteran Act of 2021 . 2. Grants for homeless veterans reintegration programs (a) Grants Section 2021 of title 38, United States Code, is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Grants (1) In awarding grants for purposes of conducting programs described in subsection (a), the Secretary of Labor shall, to the maximum extent practicable, consider applications for fundable grants from entities in all States. (2) In each State in which no entity has been awarded a grant described in paragraph (1) as of the date of the enactment of the Reaching Every Homeless Veteran Act of 2021 , the Secretary of Labor shall, in coordination with the Director of Veterans' Employment and Training in the State, organize and conduct an outreach and education program to ensure communities are aware of the programs conducted under this section and the benefits of the programs. . (b) Contents of biennial report to Congress Subsection (e) of section 2021 of such title, as redesignated by subsection (a)(1), is amended— (1) by inserting (1) before Not less ; and (2) by striking the second sentence and inserting the following: (2) The Secretary of Labor shall include in each report submitted under paragraph (1) the following: (A) An evaluation of services furnished to veterans under this section. (B) An analysis of the information collected under subsection (c). (C) An identification of— (i) the total number of applications for grants under this section that the Secretary received during the fiscal year preceding the date on which the report is submitted; and (ii) the number of such applications that were denied. (D) With respect to each State in which no entity was awarded a grant under this section during the fiscal year preceding the date on which the report is submitted— (i) an identification of the top five reasons why entities that applied for such a grant were not awarded the grant; and (ii) information regarding the specific criteria used to score the applications and an explanation of if, how, or why such criteria differed from the previous fiscal year. . (c) Conforming amendment Section 2021A(e) of title 38, United States Code, is amended by striking section 2021(d) and inserting section 2021(e) .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3094is/xml/BILLS-117s3094is.xml
|
117-s-3095
|
II 117th CONGRESS 1st Session S. 3095 IN THE SENATE OF THE UNITED STATES October 28, 2021 Ms. Lummis (for herself, Mr. Marshall , Mrs. Hyde-Smith , Mr. Rounds , Mr. Scott of Florida , Mrs. Blackburn , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To address Federal employees who comply with Executive Order 14043, and for other purposes.
1. Short title This Act may be cited as the Having Employees Return to Duty Act of 2021 or the HERD Act of 2021 . 2. Executive Order 14043 (a) Definitions In this section— (1) the terms agency and employee have the meanings given the terms in section 3 of the Executive Order, except that the term agency does not include the Department of Defense; (2) the term covered employee means an employee who has complied with the requirements of the Executive Order; and (3) the term Executive Order means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring Coronavirus Disease 2019 vaccination for Federal employees). (b) Requirement (1) In general Subject to paragraphs (2) and (3), beginning on the date that is 60 days after the date of enactment of this Act, the head of each agency shall, with respect to each covered employee employed by the agency, require the covered employee to work from the duty station of the covered employee, and to work the hours worked by the covered employee, as of February 15, 2020. (2) Newly hired employees If a covered employee was not employed by the applicable agency as of February 15, 2020, the requirements under paragraph (1) shall apply to the covered employee with respect to the duty station and hours of the individual who occupied the position of the covered employee, as of that date. (3) Significant community spread The head of an agency may implement different policies than, or supplemental policies to, the requirements under paragraph (1), including by requiring social distancing at a particular work site, if the agency head finds that— (A) there is substantial transmission of COVID–19 within a community in which the requirements of that paragraph would otherwise be carried out, as determined by the Centers for Disease Control and Prevention; and (B) implementing those different or supplemental policies will not degrade the level of service that the agency provides to the public.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3095is/xml/BILLS-117s3095is.xml
|
117-s-3096
|
II 117th CONGRESS 1st Session S. 3096 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Kelly (for himself, Ms. Collins , Mrs. Feinstein , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To make amendments to the Barry Goldwater Scholarship and Excellence in Education Act.
1. Short title This Act may be cited as the Barry Goldwater Scholarship and Excellence in Education Modernization Act . 2. Amendments to the Barry Goldwater Scholarship and Excellence in Education Act (a) Clarifying amendments to definitions Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4702 ) is amended— (1) by striking paragraph (5) and inserting the following: (5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Marianas, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ; and (2) in paragraph (6) by inserting , a resident of a State, after national of the United States . (b) Barry Goldwater Scholarship and Excellence in Education awards (1) Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Program ( 20 U.S.C. 4704(a) ) is amended— (A) in the subsection heading, by striking award of scholarships and fellowships and inserting award of scholarships, fellowships, and research internships ; (B) in paragraph (1)— (i) by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships each place the term appears; and (ii) by striking science and mathematics and inserting the natural sciences, engineering, and mathematics ; (C) in paragraph (2), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (D) in paragraph (3), by striking mathematics and the natural sciences and inserting the natural sciences, engineering, and mathematics ; (E) by redesignating paragraph (4) as paragraph (5); (F) in paragraph (5), as so redesignated, by striking scholarships and fellowships and inserting scholarships, fellowships, and research internships ; and (G) by inserting after paragraph (3) the following: (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges. . (2) Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Program ( 20 U.S.C. 4704(b) ) is amended by adding at the end the following: Recipients of research internships under this title shall be known as Barry Goldwater Interns . . (c) Stipends Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4705 ) is amended by adding at the end the following: Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship. . (d) Scholarship and research internship conditions Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4706 ) is amended— (1) in the section heading, by inserting and research internship after scholarship ; (2) in subsection (a), by striking the subsection heading and inserting Scholarship conditions ; (3) in subsection (b), by striking the subsection heading and inserting Reports on scholarships ; and (4) by inserting at the end the following: (c) Research internship conditions A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. (d) Reports on research internships The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship, and is not engaged in gainful employment, except as otherwise provided in subsection (c). . (e) Sustainable investments of funds Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4707 ) is amended— (1) in subsection (a), by striking subsection (d) and inserting subsection (f) ; (2) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (3) by inserting after subsection (b) the following: (c) Investment in securities Notwithstanding subsection (b), the Secretary of the Treasury may invest not more than 40 percent of the fund’s assets in securities other than public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and (2) the securities in which such funds are invested are traded in established United States markets. (d) Construction Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 1405, or to increase the amount of the stipend authorized by section 1406, as the Board considers appropriate and is otherwise consistent with the requirements of this title. . (f) Administrative provisions Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ( 20 U.S.C. 4710(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) appoint and fix the rates of basic pay of such personnel (in addition to the Executive Secretary appointed under section 1410) as may be necessary to carry out the provisions of this chapter, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section; ; (2) in paragraph (2) by striking grade GS–18 under section 5332 of such title and inserting level IV of the Executive Schedule ; (3) in paragraph (7), by striking and at the end; (4) by redesignating paragraph (8) as paragraph (10); and (5) by inserting after paragraph (7) the following: (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Barry Goldwater Scholars and Barry Goldwater interns throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3096is/xml/BILLS-117s3096is.xml
|
117-s-3097
|
II 117th CONGRESS 1st Session S. 3097 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to allow for the registration of venture exchanges, and for other purposes.
1. Short title This Act may be cited as the Main Street Growth Act . 2. Venture exchanges (a) Securities Exchange Act of 1934 Section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ) is amended by adding at the end the following: (m) Venture exchange (1) Definitions In this subsection: (A) Early-stage, growth company (i) In general The term early-stage, growth company means an issuer— (I) that has not made any registered initial public offering of any securities of the issuer; and (II) with a public float of not more than the value of public float required to qualify as a large accelerated filer under section 240.12b–2 of title 17, Code of Federal Regulations, or any successor regulation. (ii) Treatment when public float exceeds threshold An issuer shall not cease to be an early-stage, growth company by reason of the public float of the issuer exceeding the threshold specified in clause (i)(II) until the later of— (I) the end of the period of 24 consecutive months during which the public float of the issuer exceeds $2,000,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, setting the threshold to the nearest $1,000,000); and (II) the end of the 1-year period following the end of the 24-month period described in subclause (I), if the issuer requests the 1-year extension from a venture exchange and the venture exchange elects to provide that extension. (B) Public float With respect to an issuer, the term public float means the aggregate worldwide market value of the voting and non-voting common equity of the issuer held by non-affiliates. (C) Venture security (i) In general The term venture security means— (I) a security of an early-stage, growth company that is exempt from registration pursuant to section 3(b) of the Securities Act of 1933 ( 15 U.S.C. 77c(b) ); (II) a security of an emerging growth company; or (III) a security registered under section 12(b) and listed on a venture exchange (or, prior to listing on a venture exchange, listed on a national securities exchange) where— (aa) the issuer of the security has a public float that is not more than the value of public float required to qualify as a large accelerated filer under section 240.12b–2 of title 17, Code of Federal Regulations, or any successor regulation; or (bb) the average daily trade volume is not more than 75,000 shares during a continuous 60-day period. (ii) Treatment when public float exceeds threshold A security shall not cease to be a venture security by reason of the public float of the issuer of the security exceeding the threshold specified in clause (i)(III)(aa) until the later of— (I) the end of the period of 24 consecutive months beginning on the date on which— (aa) the public float of the issuer exceeds $2,000,000,000; and (bb) the average daily trade volume of the security is not less than 100,000 shares during a continuous 60-day period; and (II) the end of the 1-year period following the end of the 24-month period described in subclause (I), if the issuer of the security requests the 1-year extension from a venture exchange and the venture exchange elects to provide that extension. (2) Registration (A) In general A person may register (and a national securities exchange may register a listing tier of the exchange) as a national securities exchange solely for the purpose of trading venture securities by filing an application with the Commission pursuant to subsection (a) and the rules and regulations thereunder. (B) Publication of notice The Commission shall, upon the filing of an application under subparagraph (A), publish notice of the filing and afford interested persons an opportunity to submit written data, views, and arguments concerning the application. (C) Approval or denial (i) In general Not later than 90 days after the date on which a notice is published under subparagraph (B), or within such longer period as to which the applicant consents, the Commission shall— (I) by order grant the registration; or (II) institute a denial proceeding under clause (ii) to determine whether registration should be denied. (ii) Denial proceeding (I) In general A proceeding under clause (i)(II) shall— (aa) include notice of the grounds for denial under consideration and opportunity for hearing; and (bb) be concluded not later than 180 days after the date on which the notice is published under subparagraph (B). (II) Order At the conclusion of a proceeding under clause (i)(II), the Commission shall by order grant or deny the registration. (III) Extension The Commission may extend the time for conclusion of a proceeding under clause (i)(II) for a period of not more than 90 days if the Commission— (aa) finds good cause for the extension; and (bb) publishes the reasons for the finding described in item (aa) or for such longer period as to which the applicant consents. (iii) Criteria for approval or denial The Commission shall— (I) grant a registration under this paragraph if the Commission finds that the requirements of this Act and the rules and regulations thereunder with respect to the applicant are satisfied; and (II) deny a registration under this paragraph if the Commission does not make the finding described in subclause (I). (3) Powers and restrictions In addition to the powers and restrictions otherwise applicable to a national securities exchange, a venture exchange— (A) may only constitute, maintain, or provide a market place or facilities for bringing together purchasers and sellers of venture securities; (B) may not extend unlisted trading privileges to any venture security; (C) may only, if the venture exchange is a listing tier of another national securities exchange, allow trading in securities that are registered under section 12(b) on a national securities exchange other than a venture exchange; and (D) may, subject to the rule filing process under section 19(b)— (i) determine the increment to be used for quoting and trading venture securities on the exchange; and (ii) choose to carry out periodic auctions for the sale of a venture security instead of providing continuous trading of the venture security. (4) Treatment of certain exempted securities A security that is exempt from registration pursuant to section 3(b) of the Securities Act of 1933 ( 15 U.S.C. 77c(b) ) shall be exempt from section 12(a) of this Act to the extent the security is traded on a venture exchange, if the issuer of the security is in compliance with— (A) all disclosure obligations of such section 3(b) and the regulations issued under such section; and (B) ongoing disclosure obligations of the applicable venture exchange that are similar to those provided by an issuer under tier 2, as described in sections 230.251 through 230.263 of title 17, Code of Federal Regulations, or any successor regulation. (5) Venture securities traded on venture exchanges may not trade on non-venture exchanges A venture security may not be traded on a national securities exchange that is not a venture exchange during any period in which the venture security is being traded on a venture exchange. (6) Commission authority to limit certain trading The Commission may limit transactions in venture securities that are not effected on a national securities exchange as appropriate to promote efficiency, competition, capital formation, and to protect investors. (7) Disclosures to investors The Commission shall issue regulations to ensure that persons selling or purchasing venture securities on a venture exchange are provided disclosures sufficient to understand— (A) the characteristics unique to venture securities; and (B) in the case of a venture exchange that is a listing tier of another national securities exchange, that the venture exchange is distinct from the other national securities exchange. (8) Rule of construction Nothing in this subsection may be construed as requiring transactions in venture securities to be effected on a national securities exchange. . (b) Securities Act of 1933 Section 18 of the Securities Act of 1933 ( 15 U.S.C. 77r ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Treatment of securities listed on a venture exchange Notwithstanding subsection (b), a security is not a covered security pursuant to subsection (b)(1)(A) if the security is only listed, or authorized for listing, on a venture exchange, as defined in section 6(m) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(m) ). . (c) Sense of Congress It is the sense of Congress that the Securities and Exchange Commission should— (1) when necessary or appropriate in the public interest and consistent with the protection of investors, make use of the general exemptive authority of the Commission under section 36 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78mm ) with respect to the provisions added by the amendments made by this section; and (2) if the Commission determines appropriate, create an Office of Venture Exchanges within the Division of Trading and Markets of the Commission. (d) Rule of construction Nothing in this section or the amendments made by this section shall be construed to impair or limit the construction of the anti-fraud provisions of the securities laws, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), or the authority of the Securities and Exchange Commission under those provisions. (e) Effective date for tiers of existing national securities exchanges In the case of a securities exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ) on the date of enactment of this Act, any election for a listing tier of that exchange to be treated as a venture exchange under subsection (m) of such section, as added by subsection (a) of this section, shall not take effect before the date that is 180 days after such date of enactment.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3097is/xml/BILLS-117s3097is.xml
|
117-s-3098
|
II 117th CONGRESS 1st Session S. 3098 IN THE SENATE OF THE UNITED STATES October 28, 2021 Ms. Klobuchar (for herself, Ms. Collins , Ms. Baldwin , Mr. Rounds , Ms. Rosen , Mr. Thune , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a national public health education campaign, grant program, and task force for recommended preventive health care services during the COVID–19 pandemic and future pandemics.
1. Short title This Act may be cited as the Preventive Care Awareness Act of 2021 . 2. Public health campaign The Secretary of Health and Human Services (referred to in this section as the Secretary ), in collaboration with the Director of the Centers for Disease Control and Prevention, the Surgeon General, and the Administrator of the Centers for Medicare & Medicaid Services, shall undertake a coordinated, focused national public health education effort to enhance access by individuals and providers to accurate, evidence-based health information about preventive health care, with particular consideration for decreasing disparities in utilization of recommended preventive health care services by reaching rural and underserved communities who have delayed or forgone receiving recommended clinical preventive health care services during the COVID–19 pandemic. 3. COVID–19 preventive health care grant program (a) In general For the purpose of increasing patient uptake of recommended clinical preventive health care services during the COVID–19 pandemic, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants on a noncompetitive basis to States, localities, territories, Indian Tribes, Tribal organizations, urban Indian health organizations, and health service providers to Indian Tribes, with particular consideration for decreasing disparities in utilization of such preventive health care services by reaching individuals in geographically diverse rural and underserved communities who have delayed or forgone receiving recommended clinical preventive health care services during the COVID–19 pandemic. (b) Guidance The Secretary shall issue grant guidance on the administration of the grant program under paragraph (1), including with respect to permitted uses of funds and eligibility requirements. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for the period of fiscal years 2022 and 2023. 4. Task force on preventive health care during public health emergencies (a) Task force on preventive health care in response to the COVID–19 public health emergency (1) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ), in collaboration with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, shall convene a task force to develop Federal recommendations regarding preventive health care during the COVID–19 pandemic and future pandemics. (2) Duties The task force established under paragraph (1) shall develop, publicly post, and update Federal recommendations in multiple languages to promote preventive health care visits and improve health outcomes during and after the COVID–19 pandemic and during future pandemics, with particular consideration for outcomes of rural or underserved communities. Such recommendations shall— (A) address, with particular attention to ensuring equitable services, reducing disparities in health outcomes, and promoting culturally and linguistically appropriate care— (i) measures to facilitate preventive health care; (ii) strategies to increase access to care for individuals at high risk or with elevated risk factors; (iii) how to identify, address, and treat mental and behavioral health conditions, such as anxiety, substance use disorder, and depression, which may have arisen or increased during the COVID–19 pandemic; (iv) strategies to address provision of preventative health care services given hospital capacity concerns in communities with a surge in COVID–19 cases and to provide individuals with options that reduce potential for cross-contamination, lessen disruption to providing common health services and preventive health care, and increase the ability to implement patient care preferences while maintaining safety and quality; and (v) such other matters as the task force determines appropriate; (B) identify barriers to the implementation of the recommendations; (C) take into consideration existing State programs and other programs that have demonstrated effectiveness in promoting preventive health care during the COVID–19 pandemic, for purposes of future public health emergencies; and (D) identify policies specific to COVID–19 that, as a public health emergency abates, can be safely discontinued when appropriate or necessary, as well as policies that should be continued. (3) Membership The task force established under paragraph (1) shall be comprised of the following: (A) One representative of each of the following: (i) The Secretary of Health and Human Services. (ii) The Director of the Centers for Disease Control and Prevention. (iii) The Administrator of the Health Resources and Services Administration. (iv) The Administrator of the Substance Abuse and Mental Health Services Administration. (v) The Administrator of the Centers for Medicare & Medicaid Services. (vi) The Director of the Agency for Healthcare Research and Quality. (vii) The Director of the Indian Health Service. (viii) The Director of the Office of Minority Health. (ix) The Director of the Office on Women’s Health. (x) The Assistant Secretary for Preparedness and Response. (B) Such other members as the Secretary of Health and Human Services determines appropriate.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3098is/xml/BILLS-117s3098is.xml
|
117-s-3099
|
II 117th CONGRESS 1st Session S. 3099 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Peters (for himself, Ms. Hassan , Mr. Hawley , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 44, United States Code, to establish the Federal Risk and Authorization Management Program within the General Services Administration, and for other purposes.
1. Short title This Act may be cited as the Federal Secure Cloud Improvement and Jobs Act of 2021 . 2. Findings Congress finds the following: (1) Ensuring that the Federal Government can securely leverage cloud computing products and services is key to expediting the modernization of legacy information technology systems, increasing cybersecurity within and across departments and agencies, and supporting the continued leadership of the United States in technology innovation and job creation. (2) According to independent analysis, as of calendar year 2019, the size of the cloud computing market had tripled since 2004, enabling more than 2,000,000 jobs and adding more than $200,000,000,000 to the gross domestic product of the United States. (3) The Federal Government, across multiple presidential administrations and Congresses, has continued to support the ability of agencies to move to the cloud, including through— (A) President Barack Obama’s Cloud First Strategy ; (B) President Donald Trump’s Cloud Smart Strategy ; (C) the prioritization of cloud security in Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the Nation’s cybersecurity), which was issued by President Joe Biden; and (D) more than a decade of appropriations and authorization legislation that provides agencies with relevant authorities and appropriations to modernize on-premises information technology systems and more readily adopt cloud computing products and services. (4) Since it was created in 2011, the Federal Risk and Authorization Management Program (referred to in this section as FedRAMP ) at the General Services Administration has made steady and sustained improvements in supporting the secure authorization and reuse of cloud computing products and services within the Federal Government, including by reducing the costs and burdens on both agencies and cloud companies to quickly and securely enter the Federal market. (5) According to data from the General Services Administration, as of the end of fiscal year 2021, there were 239 cloud providers with FedRAMP authorizations, and those authorizations had been reused more than 2,700 times across various agencies. (6) Providing a legislative framework for FedRAMP and new authorities to the General Services Administration, the Office of Management and Budget, and Federal agencies will— (A) improve the speed at which new cloud computing products and services can be securely authorized; (B) enhance the ability of agencies to effectively evaluate FedRAMP authorized providers for reuse; (C) reduce the costs and burdens to cloud providers seeking a FedRAMP authorization; and (D) provide for more robust transparency and dialogue between industry and the Federal Government to drive stronger adoption of secure cloud capabilities, create jobs, and reduce wasteful legacy information technology. 3. Title 44 amendments (a) Amendment Chapter 36 of title 44, United States Code, is amended by adding at the end the following: 3607. Definitions (a) In general Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616. (b) Additional definitions In this section through section 3616: (1) Cloud computing The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology. (2) Cloud service provider The term cloud service provider means an entity offering cloud computing products or services to agencies. (3) FedRAMP The term FedRAMP means the Federal Risk and Authorization Management Program established under section 3608. (4) FedRAMP authorization The term FedRAMP authorization means a certification that a cloud computing product or service has— (A) completed a FedRAMP authorization process, as determined by the Administrator of General Services; or (B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board. (5) FedRAMP authorization package The term FedRAMP authorization package means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP. (6) FedRAMP Board The term FedRAMP Board means the board established under section 3610. (7) Independent assessment organization The term independent assessment organization means a third-party organization accredited by the Administrator of General Services to undertake conformity assessments of cloud service providers and their products or services. (8) Secretary The term Secretary means the Secretary of Homeland Security. 3608. Federal Risk and Authorization Management Program There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, subject to section 3613, shall establish a Government-wide program that provides a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. 3609. Roles and responsibilities of the General Services Administration (a) Roles and responsibilities The Administrator of General Services shall— (1) in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3613; (2) establish processes and identify criteria consistent with guidance issued by the Director under section 3613 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization; (3) develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards established by the Director of the National Institute of Standards and Technology and relevant statutes; (4) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board; (5) establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives; (6) coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator of General Services, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553; (7) provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3612; (8) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process; (9) regularly review, in consultation with the FedRAMP Board, the costs associated with the independent assessment services of the third-party organizations described in section 3611; (10) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and (11) take such other actions as the Administrator of General Services may determine necessary to carry out FedRAMP. (b) Website (1) In general The Administrator of General Services shall maintain a public website to serve as the authoritative repository for FedRAMP, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a). (2) Criteria and process for FedRAMP authorization priorities The Administrator of General Services shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council. (c) Evaluation of automation procedures (1) In general The Administrator of General Services, in coordination with the Secretary, shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services. (2) Means for automation Not later than 1 year after the date of enactment of this section, and updated regularly thereafter, the Administrator of General Services shall establish a means for the automation of security assessments and reviews. (d) Metrics for authorization The Administrator of General Services shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. 3610. FedRAMP Board (a) Establishment There is established a FedRAMP Board to provide input and recommendations to the Administrator of General Services regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services. (b) Membership The FedRAMP Board shall consist of not more than 7 senior officials or experts from agencies appointed by the Director, in consultation with the Administrator of General Services, from each of the following: (1) The Department of Defense. (2) The Department of Homeland Security. (3) The General Services Administration. (4) Such other agencies as determined by the Director, in consultation with the Administrator of General Services. (c) Qualifications Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as— (1) cloud computing; (2) cybersecurity; (3) privacy; (4) risk management; and (5) other competencies identified by the Director to support the secure authorization of cloud services and products. (d) Duties The FedRAMP Board shall— (1) in consultation with the Administrator of General Services, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization; (2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards established by the Director of the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations; (3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3612(b); (4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and (5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator of General Services. (e) Determinations of demand for cloud computing products and services The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization. 3611. Independent assessment organizations (a) Requirements for accreditation The Administrator of General Services may, consistent with guidance issued by the Director, determine the requirements for accreditation of a third-party organization to perform independent assessments and other activities that will improve the overall performance of FedRAMP and reduce the cost of FedRAMP authorizations for cloud service providers. Such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation. (b) Certification The Administrator of General Services may accredit any third-party organization that meets the requirements for accreditation determined under subsection (a). If accredited pursuant to the requirements determined under subsection (a), a certified independent assessment organization may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers. 3612. Roles and responsibilities of agencies (a) In general In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3613— (1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary; (2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(7) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service; (3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within the FedRAMP authorization package; and (4) provide data and information required to the Director pursuant to section 3613 to determine how agencies are meeting metrics established by the Administrator of General Services. (b) Attestation Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination. (c) Submission of authorizations To operate required Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator of General Services. (d) Submission of policies required Not later than 180 days after the date on which the Director issues guidance in accordance with section 3613, the head of each agency, acting through the agency chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services. (e) Presumption of adequacy (1) In general The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. (2) Information security requirements The presumption under paragraph (1) does not modify or alter— (A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency; or (B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation. 3613. Roles and responsibilities of the Office of Management and Budget (a) Roles and responsibilities The Director shall— (1) in consultation with the Administrator of General Services and the Secretary, issue guidance that— (A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP; (B) includes requirements for agencies to obtain a FedRAMP authorization when operating a cloud computing product or service described in subparagraph (A) as a Federal information system; and (C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services; (2) issue guidance describing additional responsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing services by the Federal Government; (3) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the compliance by the FedRAMP Board with the duties described in section 3610(d); and (4) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption, and use of cloud computing products and services within and across agencies. 3614. Authorization of appropriations for FedRAMP There is authorized to be appropriated to the Administrator of General Services $20,000,000 for each fiscal year for FedRAMP and the FedRAMP Board. 3615. Reports to congress; GAO report (a) Reports to congress Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following: (1) During the preceding year, the status, efficiency, and effectiveness of the General Services Administration under section 3609 and agencies under section 3612 and in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services. (2) Progress towards meeting the metrics required under section 3609(d). (3) Data on FedRAMP authorizations. (4) The average length of time to issue FedRAMP authorizations. (5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year. (6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section. (7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director under section 3613. (b) GAO report Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall publish a report that includes an assessment of the following: (1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations. (2) The extent to which agencies have processes in place to continuously monitor cloud computing products and services operating as Federal information systems. (3) How often and for which categories of products agencies use FedRAMP authorizations. (4) The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )) as a part of the FedRAMP authorization process. 3616. Federal Secure Cloud Advisory Committee (a) Establishment, purposes, and duties (1) Establishment There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the Committee ) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. (2) Purposes The purposes of the Committee are the following: (A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: (i) Measures to increase agency reuse of FedRAMP authorizations. (ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers. (iii) Measures to increase the number of FedRAMP authorizations for cloud computing services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies. (B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. (C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. (3) Duties The duties of the Committee include providing advice and recommendations to the Administrator of General Services, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. (b) Members (1) Composition The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator of General Services, in consultation with the Director, as follows: (A) The Administrator of General Services or the Administrator of General Services’s designee, who shall be the Chair of the Committee. (B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. (C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. (D) At least 1 official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. (E) At least 1 individual representing an independent assessment organization. (F) No fewer than 5 representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business concern (as defined by section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (G) At least 2 other representatives of the Federal Government as the Administrator of General Services determines necessary to provide sufficient balance, insights, or expertise to the Committee. (2) Deadline for appointment Each member of the Committee shall be appointed not later than 90 days after the date of enactment of this section. (3) Period of appointment; vacancies (A) In general Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (B) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (c) Meetings and rules of procedures (1) Meetings The Committee shall hold not fewer than 3 meetings in a calendar year, at such time and place as determined by the Chair. (2) Initial meeting Not later than 120 days after the date of enactment of this section, the Committee shall meet and begin the operations of the Committee. (3) Rules of procedure The Committee may establish rules for the conduct of the business of the Committee if such rules are not inconsistent with this section or other applicable law. (d) Employee status (1) In general A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. (2) Pay not permitted A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. (e) Applicability to the federal advisory committee act Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (f) Detail of employees Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (g) Postal services The Committee may use the United States mails in the same manner and under the same conditions as agencies. (h) Reports (1) Interim reports The Committee may submit to the Administrator of General Services and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. (2) Annual reports Not later than 540 days after the date of enactment of this section, and annually thereafter, the Committee shall submit to the Administrator of General Services and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee. . (b) Technical and conforming amendment The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: 3607. Definitions. 3608. Federal Risk and Authorization Management Program. 3609. Roles and responsibilities of the General Services Administration. 3610. FedRAMP Board. 3611. Independent assessment organizations. 3612. Roles and responsibilities of agencies. 3613. Roles and responsibilities of the Office of Management and Budget. 3614. Authorization of appropriations for FedRAMP. 3615. Reports to congress; GAO report. 3616. Federal Secure Cloud Advisory Committee. . (c) Sunset (1) In general Effective on the date that is 5 years after the date of enactment of this Act, chapter 36 of title 44, United States Code, is amended by striking sections 3607 through 3616. (2) Conforming amendment Effective on the date that is 5 years after the date of enactment of this Act, the table of sections for chapter 36 of title 44, United States Code, is amended by striking the items relating to sections 3607 through 3616. (d) Rule of construction Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3099is/xml/BILLS-117s3099is.xml
|
117-s-3100
|
II 117th CONGRESS 1st Session S. 3100 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Wicker (for himself, Mr. Schatz , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Advancing the Quality and Understanding of American Aquaculture Act or the AQUAA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—National standards Sec. 101. National standards for sustainable aquaculture. Sec. 102. National plan to identify and designate aquaculture opportunity areas. Sec. 103. Aquaculture outside of an aquaculture opportunity area. TITLE II—Core activities Sec. 201. Aquaculture management plans. Sec. 202. Offshore aquaculture permits. Sec. 203. Research and development grant program. Sec. 204. Economic soundness. TITLE III—Refinements Sec. 301. Recordkeeping, inspections, and access to information. Sec. 302. Marine feed standards. Sec. 303. Marine use rights. TITLE IV—Administrative provisions Sec. 401. Office of Aquaculture. Sec. 402. Support for industry. Sec. 403. Outreach and education. Sec. 404. Administration. Sec. 405. Report and permit terms. Sec. 406. Federal coordination. Sec. 407. Prohibited acts. Sec. 408. Enforcement. Sec. 409. Authorization of appropriations. 2. Purposes The purposes of this Act are— (1) to support the development of a sustainable marine aquaculture industry in the United States and enhance access to investment capital; (2) to develop sustainable marine aquaculture to complement sustainable fisheries and ecosystem-based management; (3) to clarify the Federal regulatory regime for sustainable offshore aquaculture and safeguard the marine environment, wild fish stocks, and our coastal communities; (4) to support research and technology development to further these goals; (5) to create new jobs, and support existing jobs within the seafood industry of the United States, including jobs for traditional fishing industry participants; and (6) to reduce the United States seafood trade deficit by expanding the domestic supply of seafood through the production of sustainable offshore aquaculture. 3. Definitions In this Act: (1) Aquaculture The term aquaculture — (A) means any activity involved in the propagation, rearing, or attempted propagation or rearing, of cultured species, including the capture and rearing of broodstock; (B) does not include the practice of capturing juvenile finfish to rear to maturity in an aquaculture facility for subsequent commercial sale; and (C) does not include the practice of rearing and releasing cultured species for the purpose of enhancing wild populations. (2) Aquaculture stakeholder The term aquaculture stakeholder means owners and operators of offshore aquaculture facilities, Regional Fishery Management Councils, interstate fisheries commissions, conservation organizations, fisheries associations, State, county, and federally recognized Indian Tribes, and other interested parties. The term also includes other Federal agencies that have interests in aquaculture. (3) Coastal State Except as otherwise specifically provided, the term coastal State has the meaning given the term coastal state in section 304(4) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(4) ). (4) Cultured species The term cultured species means any species propagated and reared for marine aquaculture. The term includes larval marine shellfish species that self-recruit in the offshore environment. The term excludes any member of the class aves, reptilia, or mammalia. (5) Exclusive economic zone (A) In general Unless otherwise specified by the President in the public interest in a writing published in the Federal Register, the term exclusive economic zone means a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured (except as established by a maritime boundary treaty in force or being provisionally applied by the United States or, in the absence of such a treaty, where the distance between the United States and another country is less than 400 nautical miles, a line equidistant between the United States and the other country). (B) Inner boundary Without affecting any Presidential proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is— (i) in the case of the coastal States, a line coterminous with the seaward boundary of each such State, as described in section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ); (ii) in the case of the Commonwealth of Puerto Rico, a line 9 nautical miles from the coastline of the Commonwealth of Puerto Rico; (iii) in the case of American Samoa, the United States Virgin Islands, or Guam, a line 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively; (iv) in the case of the Commonwealth of the Northern Mariana Islands— (I) the coastline of the Commonwealth of the Northern Mariana Islands, until the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and (II) upon the United States grant of such authority, the line established by such grant of authority; or (v) for any possession of the United States not under clause (ii), (iii), or (iv), the coastline of such possession. (C) Construction Nothing in this definition may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency. (6) Healthy target stock The term healthy target stock means a component of a fishery managed in a similar or equivalent way to fisheries managed under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) or by a United States interstate marine fisheries commission, or a component of a fishery targeted for harvest that is not overfished or experiencing overfishing. (7) Lessee The term lessee means any party to a lease, right-of-use and easement, or right-of-way, or an approved assignment thereof, issued pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (8) Multi-trophic aquaculture The term multi-trophic aquaculture means an assemblage of cultured species grown in close enough proximity to one another so that cultured species provide ecosystem services to one another. (9) Offshore aquaculture The term offshore aquaculture means aquaculture conducted in the exclusive economic zone. (10) Offshore aquaculture facility The term offshore aquaculture facility means— (A) an installation or structure used, in whole or in part, for offshore aquaculture; or (B) an area of the seabed, water column, or the sediment used for offshore aquaculture. (11) Secretary Except as otherwise specifically provided, the term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (12) Sustainably managed fishery for aquaculture feed The term sustainably managed fishery for aquaculture feed means a fishery that is used for feed and that is managed in such a manner to maintain healthy target stocks, to protect marine ecosystem structure, productivity, function, and diversity, and to minimize impacts to nontarget stocks. I National standards 101. National standards for sustainable aquaculture (a) Relation to current law Nothing in this Act shall be construed in derogation of applicable law, and offshore aquaculture operations shall comply with all applicable statutes, rules, and regulations. In order to ensure that implementing regulations for applicable statutes appropriately account for the unique considerations arising from offshore aquaculture, the Secretary shall comply with the following: (1) With respect to regulations administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall review such regulations in accordance with this subsection and update any regulations as appropriate or necessary. (2) With respect to Federal regulations not administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall confer with appropriate officials to review such regulations in accordance with this subsection. After such review, the Agency that administers the regulations may, as appropriate or necessary, update such regulations. (b) National standards Any designation and establishment of an aquaculture opportunity area, any aquaculture management plan prepared, any regulation promulgated, and any permit granted, pursuant to this Act, shall— (1) encourage development of United States offshore aquaculture while remaining consistent with environmental requirements established by law; (2) be based on the best scientific information available, taking into account traditional knowledge; (3) be adaptive to offshore aquaculture development, accounting for updates in technology and changes in environmental conditions; (4) prefer species that are native or historically naturalized to the region; and (5) prioritize the health of cultured species. (c) Guidelines The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of aquaculture management plans, and regulations promulgated and permits granted pursuant to this title. (d) Periodic review The Secretary shall periodically review the advisory guidelines established under subsection (c), as needed, but not less often than once every 5 years, to determine whether changed circumstances, advances in science, or improved management practices warrant an amendment or update to the guidelines. 102. National plan to identify and designate aquaculture opportunity areas (a) Relation to current law Nothing in this section shall be construed in derogation of applicable law in effect on the date of enactment of this Act regulating or restricting the use of the exclusive economic zone, and the Secretary shall comply with all such applicable law when proposing, designating, and operating an aquaculture opportunity area under this section. In order to ensure that implementing regulations for applicable statutes appropriately account for the unique considerations arising from offshore aquaculture, the Secretary shall comply with the following: (1) With respect to regulations administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall review such regulations in accordance with this subsection and update any regulations as appropriate or necessary. (2) With respect to Federal regulations not administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall confer with appropriate officials to review such regulations in accordance with this subsection. After such review, the Agency that administers the regulations may, as appropriate or necessary, update such regulations. (b) National plan (1) In General Not later than 180 days after the date of enactment of this Act, the Secretary shall, consistent with this section, develop a plan and timeline to systematically— (A) assess the exclusive economic zone; (B) prepare an inventory of sites suitable for aquaculture opportunity areas; and (C) designate aquaculture opportunity areas. (2) Designation The Secretary may designate an aquaculture opportunity area prior to completion of the entire inventory under paragraph (1)(B) for locations where the Secretary has completed the assessment under paragraph (1)(A) and developed an aquaculture management plan as required under subsection (f)(1). (c) Assessment of the exclusive economic zone; inventory The Secretary shall conduct the assessment and prepare the inventory described in subsection (b) using relevant scientific, social, and economic data, and engagement with aquaculture stakeholders and the public as provided in subsection (e). In conducting the assessment, the Secretary may consider a cluster of locations in close proximity with similar conditions as a single inventory item, provided that each of the locations meets the criteria established in this section. Based on the factors listed in subsection (d) and the national standards in section 101, the Secretary shall make a determination based on the totality of the circumstances whether a site under consideration is suitable for sustainable offshore aquaculture. If the Secretary determines that a site is suitable, then the site shall be listed in the inventory, along with— (1) a description of the site, including its coordinates and a map; (2) a thorough evaluation of each factor described in subsection (d), and the Secretary’s findings regarding each of those factors; and (3) an analysis of how these findings justify the Secretary’s determination that the site is suitable for sustainable offshore aquaculture. (d) Factors for assessment In order to conduct the assessment in subsection (c), the Secretary shall consider the following factors: (1) The oceanographic characteristics of the site. (2) The bathymetry and availability of areas for anchors, moorings, and other gear. (3) Current and possible future human uses of the site, and the areas in reasonable proximity to the site. (4) Current and possible future conservation uses of the site, and the areas in reasonable proximity to the site. (5) Potential impacts to wild fisheries from the escape of cultured species, or from cultured species becoming invasive or hybridizing with wild stocks within the region. (6) Potential benefits from multi-trophic aquaculture, where cultured species provide ecosystem services to one another. (7) Availability of shore-side fishery infrastructure and other land-based support facilities to support offshore aquaculture operations. (8) Expected socioeconomic impacts from operations on adjacent coastal communities. (9) Other factors that the Secretary determines are appropriate. (e) Engagement In conducting the assessment and inventory under subsection (c), the Secretary shall conduct engagement with aquaculture stakeholders and the public as follows: (1) Public meetings and workshops The Secretary shall conduct public meetings to inform interested aquaculture stakeholders about the intent to include a site in the inventory, share information about the process, and solicit public feedback, including written comments. In addition to public meetings, the Secretary may, consistent with the Federal Advisory Committee Act (5 U.S.C. App.), convene workshops of particular aquaculture stakeholders or aquaculture stakeholder groups to provide insight, information, and comments to support the assessment and inventory process. (2) Consultation with States, Tribes, and territories The Secretary shall consult with States, federally recognized Indian Tribes, and territories adjacent to or within 100 miles of a site under consideration for the inventory. Such States, federally recognized Indian Tribes, and territories may submit comments to the Secretary, and the Secretary shall consider such comments in the assessment and inventory process. (f) Designation and establishment of aquaculture opportunity area (1) In General In order to designate and establish an aquaculture opportunity area, the Secretary shall select a site from the inventory prepared under subsection (c), and develop an aquaculture management plan under section 201. In the event that the Secretary determines the site is not viable during the development of the aquaculture management plan, the Secretary may abandon consideration of the site, and revise the inventory accordingly. (2) State petition The Governor of any coastal State or territory, or a Tribal government in a fisheries management region under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), may submit a request in writing to the Secretary to petition for locating an aquaculture opportunity area, or a group of aquaculture opportunity areas, in reasonable proximity to the location of the requesting State, territory, or Tribal government. The Secretary shall evaluate the petition and may designate an aquaculture opportunity area or group of aquaculture opportunity areas as provided in this section. (3) Initial and subsequent establishment of aquaculture opportunity areas The Secretary shall initially establish at least 2 aquaculture opportunity areas from the inventory developed under subsection (b) not later than 1 year after the date of enactment of this Act. Each year thereafter, the Secretary shall establish not less than 1 additional aquaculture opportunity area from the inventory until all sites from the inventory have been considered. (4) Adjustment of existing aquaculture opportunity areas The Secretary may adjust the dimensions of an established aquaculture opportunity area as necessary, while accounting for impacts to operating aquaculture facilities, the state of science, the cost-benefit ratio of the adjustment, and comments from aquaculture stakeholders and the general public. (g) Demonstration projects In order to test the viability of sustainable offshore aquaculture in a site listed on the inventory, the Secretary may support demonstration projects in an inventory site to assist in developing the required contents for an aquaculture management plan. Such demonstration projects shall be carried out in a manner that is consistent with the national standards in section 101. Demonstration projects may include multidisciplinary research to revive and adapt traditional aquaculture systems, such as open sea ponds, to support the needs of modern communities. (h) Study on aquaculture opportunity areas in State waters Not later than 18 months after the date of enactment of this Act, the Secretary shall conduct a study of the feasibility of allowing States to petition for aquaculture opportunity areas in their waters. The study shall include information and analysis on the benefits of aquaculture opportunity areas in State waters and identify barriers to implementation. (i) Regulations The Secretary may promulgate regulations governing the process for implementing this section. (j) Spatial data To support the implementation of this section, the National Oceanic and Atmospheric Administration shall collect and curate spatial data relevant to aquaculture and make such data publicly available, unless otherwise restricted by law. 103. Aquaculture outside of an aquaculture opportunity area (a) Definitions In this section— (1) the term site proponent means a nongovernmental entity that assesses a site and develops an aquaculture management plan for that site in accordance with subsection (c); and (2) the term notice of intent means a written document that communicates the site proponent’s intention to develop an offshore aquaculture site, and includes the location, type of aquaculture, cultured species, and other information the Secretary requires. (b) Aquaculture outside of an aquaculture opportunity area Offshore aquaculture may be conducted outside of an aquaculture opportunity area only as provided in this section. (c) Process and regulations (1) In General The Secretary shall develop a process and promulgate regulations, consistent with this section, to allow a site proponent to, at its own expense— (A) assess sites smaller than an aquaculture opportunity area for offshore aquaculture in an exclusive economic zone; (B) develop aquaculture management plans for those sites; (C) submit a notice of intent and application to the Secretary requesting approval to conduct aquaculture at the site; and (D) apply for a permit under section 202. (2) Process The process developed by the Secretary shall include— (A) the process for submitting a notice of intent, publishing the notice of intent, and soliciting comments under subsection (d); (B) the form of application to be used by the site proponent; (C) the required contents of the application, including an analysis of the factors in section 102(d) and the items in section 201(c); (D) a process for submitting the comments received under subsection (d), along with the disposition of each; and (E) a timeline for the Secretary’s consideration and action on the application, which may be either to approve, deny, or request more information. (d) Notice of intent (1) In General The Secretary shall require each site proponent that is assessing a site under subsection (c)(1) to submit a notice of intent before developing an aquaculture management plan or submitting an application under this section. The Secretary, acting through the National Oceanic and Atmospheric Administration, shall— (A) publish the notice of intent, together with information on the process under subsection (c)(2); (B) deliver the notice of intent, together with information on the process under subsection (c)(2), to— (i) States and federally recognized Indian Tribes within 100 miles of the proposed site; and (ii) any local governments within 10 miles of the proposed site; (C) convene meetings with aquaculture stakeholders and the public— (i) to solicit public comment, including written comments, to be shared with the site proponent; and (ii) including, at a minimum— (I) at least 1 public meeting for aquaculture stakeholders; and (II) meetings with State, local, and Tribal government representatives; and (D) consult with interested Federal agencies. (2) Comments States, federally recognized Indian Tribes, and local governments described in paragraph (1)(B) may submit comments on the notice of intent to the Secretary, which shall be shared with the site proponent. (e) Management plan Each site proponent shall include all comments received under subsection (d) in the aquaculture management plan, along with a disposition of each. II Core activities 201. Aquaculture management plans (a) Development and adoption In order to implement this Act, the Secretary shall develop and adopt for aquaculture opportunity areas established under section 102, or locations where multiple aquaculture opportunity areas may be suitable for establishment— (1) an aquaculture management plan; and (2) amendments to each such plan that are necessary from time to time. (b) Overlapping management areas The Secretary may use a single aquaculture management plan for multiple aquaculture opportunity areas where such areas are within reasonable proximity to each other and sufficiently similar. (c) Engagement Prior to developing, adopting, or amending an aquaculture management plan under this section, the Secretary, acting through the National Oceanic and Atmospheric Administration, shall meet with aquaculture stakeholders and the public to solicit their comments, and consult with interested Federal agencies. Such comments shall be duly reported in an addendum to the aquaculture management plan, along with a disposition of each. At a minimum, meetings under this subsection shall include— (1) at least one public meeting for aquaculture stakeholders; and (2) meetings with State, local, and Tribal government representatives. (d) Required contents An aquaculture management plan that is prepared by the Secretary under this title shall— (1) include information and analysis that the Secretary determines is appropriate to establish common reference points for conducting aquaculture in the aquaculture opportunity area; (2) specify parameters and guidance for conducting aquaculture in the aquaculture opportunity area, based on the information and analysis under paragraph (1), including— (A) the geographic boundaries of the aquaculture opportunity area; (B) the number of sites that each aquaculture opportunity area will support; (C) the species allowed for aquaculture in the aquaculture opportunity area; (D) standards for the structural integrity of aquaculture facilities to prevent the escape of cultured species; and (E) contingency plans that will be required, along with standards for such plans, for events including— (i) severe weather; (ii) escape of cultured species; (iii) situations affecting, or compromising, the health of cultured species; and (iv) other contingencies the Secretary identifies; (3) describe how the Secretary will monitor aspects of aquaculture in the aquaculture opportunity area in order to support compliance with this Act, including— (A) escape of cultured species; (B) situations affecting, or compromising, the health of cultured species; (C) the economic and commercial productivity of the aquaculture opportunity area; and (D) other matters the Secretary identifies; and (4) prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for implementation of this Act. (e) Implementing regulations The Secretary shall develop and adopt regulations determined to be necessary and appropriate to implement an aquaculture management plan or plan amendment developed under this section. (f) Periodic review The Secretary shall periodically review plans developed under subsection (a) as needed, but not less often than once every 5 years, to determine whether changed circumstances, advances in science, or improved management practices warrant an amendment or update to the plan. 202. Offshore aquaculture permits (a) In general After the Secretary promulgates final regulations under section 404(a), the Secretary may issue an offshore aquaculture permit if the Secretary determines that— (1) the proposed offshore aquaculture facility, type of aquaculture operation, and cultured species are consistent with the purposes in section 2 and the national standards for sustainable offshore aquaculture in section 101; (2) the proposed offshore aquaculture facility, type of aquaculture operation, and cultured species are consistent with an established aquaculture management plan, or the permit applicant has provided the Secretary with sufficient information and analysis, such as would be included in an established aquaculture management plan, to merit issuance, if the permit is intended to be located outside of an aquaculture opportunity area; (3) the applicant is able to comply with this Act and any terms and conditions prescribed under section 404(a), is financially responsible, and will operate the offshore aquaculture facility using the best practicable technology and maintain it in good working order; and (4) issuance of the offshore aquaculture permit is not prohibited under section 407. (b) Authorized activities An offshore aquaculture permit holder shall be authorized to conduct offshore aquaculture consistent with— (1) this Act, including regulations promulgated to carry out this Act; (2) other applicable provisions of law, including regulations; and (3) any terms or conditions imposed by the National Oceanic and Atmospheric Administration. (c) Permit procedure (1) Application An applicant for an offshore aquaculture permit shall submit an application to the Secretary. The application shall specify— (A) the proposed location of the offshore aquaculture facility and the location of on-shore facilities used for propagation or rearing of cultured species, such as hatcheries or research operations; (B) the type of aquaculture operations that will be conducted at all facilities described in subparagraph (A); (C) the cultured species, or a specified range of species, to be propagated or reared, or both, at the offshore aquaculture facility; (D) the source of eggs, larvae, or juvenile cultured species that will be used in aquaculture operations, an analysis of the likely impacts on wild populations and habitats, such as prevention of the spread of pathogens, and the information upon which the assessment was made; (E) plans to respond to— (i) a natural disaster; (ii) an escapement; (iii) disease; and (iv) other circumstances designate by the Secretary; and (F) such other design, construction, and operational information as the Secretary may require to ensure the integrity of the applicant’s operations and contingency planning. (2) Notice Whenever the National Oceanic and Atmospheric Administration receives an offshore aquaculture permit application, the Secretary shall— (A) provide notice and a copy of the application to the Governor of every State or territory adjacent to or within 100 miles of the proposed site and to the federally recognized Indian Tribes within those States; and (B) provide public notice and an opportunity for public comment for a period of not less than 60 days for each offshore aquaculture permit application. (3) Comments and consultation The Secretary shall take any comments submitted by Governors and the public into consideration, and shall consult with interested aquaculture stakeholders as warranted before making a final decision on the disposition of an offshore aquaculture permit application. (4) Deadlines for consideration of applications for permits Not later than 30 days after the date on which the Secretary receives an offshore aquaculture permit application, the Secretary shall— (A) notify the applicant that the application is complete; or (B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. (5) Issuance or deferral Not later than 90 days after the period for public comments on a completed application has concluded, the Secretary shall— (A) issue the permit, if the application complies with the provisions of this Act, including the national standards for sustainable offshore aquaculture in section 101, requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and other applicable law; (B) defer the decision on the permit, if the Secretary determines that the application can be improved to meet the requirements of paragraph (1), and provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued; or (C) deny the permit, providing a justification for the Secretary's determination that the application does not meet the requirements of paragraph (1), or any other applicable law, and that these issues cannot be remediated. (6) Extension of review The Secretary may extend the review period for an additional 90 days if the Secretary determines that further time is needed to analyze the application. The Secretary may further extend the review period beyond the extension provided in the preceding sentence if the Secretary determines that the Department of Commerce needs more time to comply with applicable Federal law, provided that the Secretary’s determination states the specific actions the Department must undertake, together with deadlines for completing such actions. (d) Permit requirements (1) In general An offshore aquaculture permit holder shall be— (A) a citizen or permanent resident of the United States; or (B) a corporation, partnership, or other entity that— (i) is organized and existing under the laws of the United States or a U.S. State; and (ii) is not owned by a foreign nation or majority-controlled by a foreign nation. (2) Terms and conditions Subject to subsection (n), the Secretary shall— (A) prescribe the terms and conditions that apply to each offshore aquaculture permit to achieve the national standards for sustainable offshore aquaculture in section 101, and an applicable aquaculture management plan and implementing regulations developed under section 201; and (B) specify in each offshore aquaculture permit the duration, size, and location of the offshore aquaculture facility. (3) Statutes and regulations Offshore aquaculture permits are subject to this Act, regulations promulgated pursuant thereto, and other statutes and regulations in existence upon the effective date of the permit. When promulgating regulations, the Secretary shall indicate whether and to what extent the regulations apply to existing offshore aquaculture permits. (e) Duration (1) In general Except as provided in paragraph (2), an offshore aquaculture permit shall have an initial 15-year duration, and may be renewed subject to the terms of this Act. (2) Exceptions (A) Aquaculture opportunity areas A permit issued for offshore aquaculture to be conducted in an aquaculture opportunity area as provided in section 102 shall have an initial 25-year duration. (B) Outer continental shelf The Secretary shall develop the duration of an offshore aquaculture permit subject to subsection (o)(1), in consultation with the Secretary of the Interior, except that the permit shall expire not later than the date that the lessee or the lessee’s operator submits, to the Secretary of the Interior, a final application for the decommissioning and removal of an existing facility upon which an offshore aquaculture facility is located. (f) Transfer A permit may be transferred as provided under this subsection, provided that the permit is still valid, and has not been amended due to emergency circumstances. To propose a transfer, a permittee shall submit an application to the Secretary, and the Secretary shall review and make a determination of whether to approve, deny, or request additional information not later than 60 days after the date of receipt of the application. The application shall include— (1) notice to the Secretary of the intention to transfer; (2) the reason for the transfer; (3) the identity of the transferee, and whether the transferee holds, has held, or is applying for a permit under this Act; (4) the transferee’s assumption of responsibility, coverage, and liability for activities performed under the permit, as of the effective date of the transfer; and (5) any additional information requested by the Secretary. (g) Renewal The Secretary may renew an offshore aquaculture permit that has not been revoked for an additional 15-year period, as provided in subsection (e), before the end of the original permit’s duration, if— (1) the permit or amended permit complies with existing requirements; (2) the permit holder has not been subject to sanctions under section 408 or committed a prohibited act under such section; (3) the permit has not been modified because of emergency considerations; and (4) notice under subsection (c)(2) has been given. (h) Revocation The Secretary may, pursuant to regulations issued under this Act, revoke an offshore aquaculture permit, if— (1) the permit holder commits a prohibited act under section 407; (2) the permit holder fails to begin offshore aquaculture operations within 2 years from the date the required Federal permits are obtained; or (3) there is an interruption of offshore aquaculture operations of at least 2 years in duration that is unrelated to best management practices. (i) Expiration or revocation Not later than 1 year after the expiration or revocation of an offshore aquaculture permit, a permit holder shall— (1) remove all structures, gear, and other property from the offshore aquaculture facility site; and (2) take such other measures to restore the site, as the Secretary considers necessary. (j) Emergency determination If the Secretary determines that an emergency exists that poses a significant risk to the safety of humans, to the marine environment, to cultured species, or to the security of the United States and that requires suspension, modification, or revocation of an offshore aquaculture permit, the Secretary may suspend, modify, or revoke the permit for such time as the Secretary determines is necessary to address the emergency. The Secretary shall afford the permit holder a prompt post-suspension, post-modification, or post-revocation opportunity to be heard regarding the suspension, modification, or revocation. (k) Fees (1) Establishment (A) In general The Secretary may establish, by regulation, application fees and annual offshore aquaculture permit fees under this section. (B) Deposit and collection The fees described in subparagraph (A) shall be deposited as offsetting collections in the operations, research, and facilities account of the National Oceanic and Atmospheric Administration. Fees may be collected and made available to the extent provided in advance in appropriation Acts. (C) Setting of fees The fees described in subparagraph (A) shall be set as an amount such that the total revenue from such fees does not exceed the amount required to cover the costs of management, data collection, analysis, annual inspection, and enforcement activities related to permits under this section. (2) Waivers The Secretary may waive, in whole or in part, any fee under this section if an offshore aquaculture facility is used primarily for research. (3) Guarantees The Secretary shall require a permit holder to post a bond or other form of financial guarantee in an amount determined by the Secretary, to be reasonable and commensurate with the offshore aquaculture operation and as sufficient to cover, without duplication— (A) any unpaid fees; (B) the cost of removing an offshore aquaculture facility at the expiration or revocation of an offshore aquaculture permit; or (C) the cost of site remediation for impacts arising from authorized activities. (l) Magnuson-Stevens Fishery Conservation and Management Act Beginning on the effective date of the final regulations promulgated under section 404, the conduct of offshore aquaculture that is in accordance with an offshore aquaculture permit issued under this section shall not be considered fishing for purposes of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), but shall be considered a fishery under section 3 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1362 ). (m) Compatibility with other uses Each Federal agency implementing this section, person subject to this section, and coastal State seeking to review a permit application under this section shall comply with the applicable provisions of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ), including regulations promulgated to carry out such Act. (n) Statutory construction An offshore aquaculture permit issued under this section shall not supersede or substitute for any other authorization required under Federal or State laws. (o) Actions affecting the outer continental shelf (1) Notification of Secretary of the Interior The Secretary shall notify the Secretary of the Interior for each application for an offshore aquaculture permit that is located on the outer continental shelf. (2) Prior consent required An offshore aquaculture facility may not be located on a lease, right-of-use and easement, or right-of-way authorized or permitted under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) without the prior consent of any lessee and other owner of operating interest. (3) Compliance review The Secretary of the Interior shall review each agreement between a prospective offshore aquaculture operator and a lessee. The Secretary of the Interior shall approve such agreement if it is consistent with the Federal lease terms, the Department of the Interior regulations, and the Secretary of the Interior’s role in the protection of the marine environment, property, and human life or health. An agreement under this subsection shall— (A) be part of the information reviewed under paragraph (4); and (B) not be subject to a separate Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) review. (4) Coordinated Coastal Zone Management Act review (A) State review (i) In general A coastal State’s review under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) shall include any modification or change to a lessee’s approved plan that results from, or is necessary for, the issuance of an offshore aquaculture permit if the State simultaneously receives— (I) the information related to the modification or change; and (II) the offshore aquaculture permit applicant’s consistency certification. (ii) Simultaneous receipt If the coastal State simultaneously receives the information related to a modification or change to a lessee’s approved plan and the offshore aquaculture permit applicant’s consistency certification, then— (I) a lessee shall not be required to submit a separate consistency certification for the modification or change under section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(B) ); and (II) the coastal State’s concurrence (or presumed concurrence) or objection to the consistency certification for the offshore aquaculture permit under section 307(c)(3)(A) of such Act shall apply both— (aa) to the offshore aquaculture permit; and (bb) to any related modification or change to a lessee’s plan approved under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (B) State review under section 307(c)(3)(b) of the Coastal Zone Management Act of 1972 To the extent that a coastal State is not authorized by section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(A) ) to review an offshore aquaculture permit application submitted under this Act, then a modification or change to a lessee’s approved plan shall be subject to coastal State review under section 307(c)(3)(B) of such Act if a consistency certification for the modification or change is required under applicable Federal regulations. (C) Definitions In this paragraph: (i) Lessee’s approved plan The term lessee’s approved plan includes a document for which a consistency certification is required under applicable Federal regulations, such as a change to the approved plan for decommissioning a facility. (ii) Offshore aquaculture permit applicant The term offshore aquaculture permit applicant means an applicant for an offshore aquaculture permit under this section that— (I) will locate the proposed facility in an area that would require consent from the lessee as described in paragraph (2); and (II) is required to submit a consistency certification for its offshore aquaculture application under section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(A) ) to the coastal State. (iii) Offshore aquaculture permit application The term offshore aquaculture permit application means an application for an offshore aquaculture permit under this section that will locate the proposed facility in an area that would require consent from the lessee as described in paragraph (2). (5) Joint and several liability For offshore aquaculture located on a facility described under this subsection, a permit holder and each party that is or was a lessee of the lease on which the facility is located during the term of the offshore aquaculture permit shall be jointly and severally liable for the removal of any construction or modification related to the offshore aquaculture operations if a bond or other form of financial guarantee under subsection (j)(3) for aquaculture operations is insufficient to cover those obligations. This paragraph shall not affect any obligation to decommission the facility under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (6) Additional authority (A) In general The Secretary of the Interior may, to carry out this subsection— (i) promulgate rules and regulations as necessary and appropriate; (ii) require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary to ensure the compatibility of aquaculture operations with activities for which permits, authorizations, leases, negotiated agreements, right-of-way, or right-of-use and easement were issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); (iii) issue an order to an offshore aquaculture permit holder to take any action the Secretary of the Interior considers necessary to ensure safe operations on the facility, and to protect the marine environment, property, or human life or health; (iv) require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary— (I) to protect the marine environment, property, or human life or health; and (II) to ensure the compatibility of aquaculture operations with activities for which permits were issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); and (v) enforce all requirements contained in the regulations, lease terms and conditions, and orders under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (B) Interpretation Failure to comply with any order issued under subparagraph (A)(iii) shall constitute a violation of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (p) Assurance of animal health (1) In general Nothing in this section shall affect the authority of the Secretary of Agriculture to— (A) carry out the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ) with respect to cultured species in the exclusive economic zone; or (B) operate as the lead Federal agency for providing animal health oversight for cultured species in the exclusive economic zone, including animal health and disease risk assessments. (2) Contingency plans As part of an application for a permit for offshore aquaculture or as part of an aquaculture management plan established in section 201, the Secretary of Agriculture may approve contingency plans, along with standards for such plans, for events relating to situations affecting the health of cultured species. (3) Criteria for practicing veterinary medicine in waters outside State jurisdiction A veterinarian may practice veterinary medicine in waters outside State jurisdiction if the veterinarian— (A) is licensed and in good standing to practice veterinary medicine in any State; (B) holds a category II veterinary accreditation from the Animal and Plant Health Inspection Service; and (C) has a valid veterinarian client-patient relationship with the facility in which the individual is practicing veterinary medicine. (q) Savings clause Nothing in this Act shall supersede permit applications in process on the date of enactment of this Act or permits that are in place on the date of enactment of this Act. 203. Research and development grant program (a) In general The Secretary shall establish, in consultation with applicable Federal agencies, coastal States, federally recognized Indian Tribes, Regional Fishery Management Councils, academic institutions, and interested aquaculture stakeholders, a research and development grant program to further the purposes of this Act. In carrying out this subsection, the Secretary shall consider using existing programs that leverage State and local partnerships and take advantage of the extramural research community, including the National Sea Grant College Program under the National Sea Grant College Program Act ( 33 U.S.C. 1121 et seq. ). (b) Components The research and development grant program described in subsection (a) shall include research conducted internally by the National Oceanic and Atmospheric Administration, and through the award of competitive, peer-reviewed grants to fund research and extension services— (1) to create innovative design and engineering solutions to common obstacles within the offshore aquaculture industry; (2) to enable the transition of innovative aquaculture technologies, including technologies focused on the commercialization of high-value marine species, from controlled studies to commercial use; (3) to evaluate the role of genetics in relation to the development of improved lines of brood stock, disease resistance, and interactions between cultured species and wild stocks; (4) to advance research into the management, mitigation, and prevention of cultured species diseases; (5) to develop cost-effective feeds to optimize the sustainable use of protein and lipid sources originating from wild fish, plants, and other sources, maximize growth and production performance of cultured species, prevent the spread of pathogens and parasites, and maintain the human health benefits of cultured seafood; (6) to improve techniques for monitoring, assessing, and addressing environmental impacts of offshore aquaculture and develop and evaluate methodologies to prevent, minimize, and mitigate potential adverse environmental impacts; (7) to evaluate the potential for offshore aquaculture to serve as a tool for environmental management, including connections to water quality, watershed management, and fishery conservation and management; (8) to evaluate the potential impact of offshore aquaculture on the economies of coastal communities, particularly those dependent on traditional fishery resources; (9) to identify barriers to entry in the offshore aquaculture industry and propose solutions to overcome them; (10) to study the traditional aquaculture methods and practices of Native Americans, Alaska Natives, and Native Hawaiians to evaluate economic, environmental, and sociological impacts; (11) to investigate other priority issues identified by the Secretary; and (12) to evaluate economic aspects of offshore aquaculture, including production costs and market development. (c) Coordination with other Federal programs The Secretary shall— (1) coordinate aquaculture research and development intramural programs and grants within the Department of Commerce and with other Federal intramural and extramural programs that provide grant funding for purposes similar to those under subsection (b), such as grants administered by the National Sea Grant College Program and the National Institute of Standards and Technology; and (2) coordinate the research and development grant program established in this section with the interagency aquaculture coordinating group established under section 6 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2805 ) and with the research and development conducted through the Cooperative Extension System of the Department of Agriculture. (d) Cooperative research agreement To carry out this section, the Secretary may enter into a cooperative agreement with a State, institution of higher education, or other private institution or research center. 204. Economic soundness (a) In general Section 53708 of title 46, United States Code, is amended by adding at the end the following: (f) Aquaculture In making the findings under subsections (a) and (b), the Administrator and the Secretary may take into account factors such as— (1) the transferability of an aquaculture permit; (2) an assessment of the shore-side seafood economy where the borrower will be operating; and (3) the existence of a formal technical assistance program administered by a governmental agency. . III Refinements 301. Recordkeeping, inspections, and access to information (a) Regulations The Secretary, after consultation with other interested Federal departments and agencies, shall prescribe by regulation— (1) the records that an offshore aquaculture permit holder is required to establish and maintain; (2) the reports that an offshore aquaculture permit holder is required to make; (3) the information that an offshore aquaculture permit holder is required to provide, which shall at a minimum include— (A) data regarding escape events; (B) the prevalence of disease in the offshore aquaculture facility, including a description of veterinary services provided for treatment; (C) a copy of any required incident or annual report required under a permit necessary for aquaculture operations under other Federal law; and (D) other information, as the Secretary may require; and (4) any other recordkeeping that an offshore aquaculture permit holder is required to satisfy, as necessary to carry out this Act. (b) Regulatory consistency The regulations under subsection (a) may not amend, contradict, or duplicate regulations under any other Federal law. (c) Recordkeeping An offshore aquaculture permit holder shall— (1) comply with the recordkeeping regulations under subsection (a); and (2) submit such reports, and make such records and information available as the Secretary may request. (d) Inspections (1) Frequency The Secretary shall conduct an annual inspection of offshore aquaculture facilities. (2) Notice The Secretary shall provide reasonable notice prior to site inspections at offshore aquaculture facilities pursuant to paragraph (1). The Secretary shall take into consideration biosecurity concerns and work with the permit holder to ensure best inspection practices to ensure safety and protect cultured species. (3) Facilities located on the outer continental shelf The Secretary of the Interior, or a designee of such Secretary, is authorized with inspection authority under this section for offshore aquaculture facilities located on the outer continental shelf. (e) Government access Any Federal Government official representing an agency with authority for implementing and enforcing Federal law applicable to offshore aquaculture shall have reasonable access to an offshore aquaculture facility for which a permit is issued under this Act for the purpose of enforcing the Federal law under the official’s jurisdiction or otherwise carrying out the official’s responsibilities. Such an official, relative to their jurisdictional authority, may inspect, at reasonable times, appropriate records, files, papers, permits, processes, controls, and the offshore aquaculture facility and may test any feature of the offshore aquaculture facility, provided testing does not risk incurring damage or potentially compromise the structural integrity of the facility or the health of cultured species. Each inspection shall be conducted with reasonable promptness. The permit holder shall receive timely notification, in writing, of the results of the inspection. (f) Public access The Secretary shall make reports and other information received under this Act available to the public unless the Secretary determines it is necessary to withhold disclosure to protect confidential business information or sensitive personal information. The Secretary shall establish procedures to protect confidential business information and sensitive personal information from being disclosed. 302. Marine feed standards (a) Relation to current law Nothing in this Act shall be construed in derogation of applicable law regarding the production of animal feed, and offshore aquaculture operations shall comply with all applicable law (including regulations). (b) Requirements for fisheries-Derived marine feed ingredients The Secretary shall require that fish meal, or any fisheries-derived marine feed ingredients (both first-use and trimmings), used at offshore aquaculture facilities in the exclusive economic zone— (1) are sourced from a sustainably managed fishery for aquaculture feed; (2) employ traceability sufficient to credibly demonstrate the ingredients were sourced from a sustainably managed fishery for aquaculture feed; (3) are harvested and produced without convict, forced, or indentured labor; and (4) are delivered to the cultured species as part of a formulated feed. (c) Study on best practices for marine feed Not later than 2 years after the date of enactment of the Advancing the Quality and Understanding of American Aquaculture Act , the Secretaries of Commerce and Agriculture, through the coordinating group, shall conduct a study of the best management practices related to sustainable, economic feed for the United States marine aquaculture industry. The study shall— (1) recommend best practices for sourcing fish meal from sustainably managed fisheries for aquaculture feed; (2) recommend best practices to provide traceability on the source of fish meal ingredients; (3) recommend best practices for sourcing formulated feed ingredients from domestic sources; and (4) recommend best practices for harvesting and producing fish meal so that it can be known that it is harvested and produced without convict, forced, or indentured labor. (d) Report Upon completion of the study under subsection (c), the Secretaries of Commerce and Agriculture shall prepare and submit a report containing the recommendations described in subsection (c) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. 303. Marine use rights The permit established under section 202 shall be considered a marine use right, offering security of tenure for purpose of obtaining investment, transferring permit to other authorized users, and allowing for operations. IV Administrative provisions 401. Office of Aquaculture (a) Office of Aquaculture The Secretary shall establish and provide resources for— (1) an Office of Aquaculture within the National Marine Fisheries Service at the National Oceanic and Atmospheric Administration headquarters to implement this title; and (2) an Office of Aquaculture presence in each of the regional fisheries offices of the National Oceanic and Atmospheric Administration, which presence shall, at a minimum, be sufficient to fulfill the duties under subsection (b), but may be increased to the extent warranted by the activity and interest of aquaculture stakeholders in the region. (b) Office of Aquaculture duties The Office of Aquaculture shall— (1) ensure the implementation of this Act; (2) coordinate regulatory, scientific, outreach, and international issues related to aquaculture within the National Oceanic and Atmospheric Administration; (3) collaborate with and leverage existing efforts by the National Sea Grant College program to— (A) conduct aquaculture outreach, education, extension services, and training efforts; and (B) engage with aquaculture stakeholders and, from time to time, convene conferences for aquaculture stakeholders to exchange information and ideas; and (4) maintain aquaculture capacity in each of the regional fisheries offices of the National Oceanic and Atmospheric Administration, including at least one Regional Aquaculture Coordinator in each such office. (c) Aquaculture research program and duties In addition to the resources required under subsection (a), the Secretary shall establish and provide additional resources for an aquaculture research program that draws upon the scientific capacity of National Oceanic and Atmospheric Administration programs such as the Fisheries Science Centers, Sea Grant, and the National Centers for Coastal and Ocean Science to support the Office of Aquaculture’s efforts to implement this title. Specifically, the program shall— (1) ensure that offshore aquaculture operations permitted under this title are scientifically monitored to support the implementation of this Act, evaluate data, and conduct additional research to support the development of sustainable offshore aquaculture in accordance with this title; and (2) administer the research and development grant program under section 203. (d) Aquaculture Subcommittee The Marine Fisheries Advisory Committee shall designate the Aquaculture Subcommittee as a permanent, standing subcommittee to serve as an external board to advise the Secretary on offshore aquaculture. The Aquaculture Subcommittee shall coordinate with the National Sea Grant Advisory Board, as appropriate. (e) Budget presentation The National Oceanic and Atmospheric Administration shall transmit its budget request for the Office of Aquaculture as a separate line with the National Marine Fisheries Service. 402. Support for industry (a) In general The Secretary shall support the development of sustainable marine aquaculture, consistent with this Act and other applicable Federal law. (b) Marketing and promotion grants The Secretary shall, in consultation with industry, establish and administer a grant program to support the sale and public perception of cultured species domestically and internationally. (c) Workforce development The Secretary shall, in consultation with industry, academic institutions, and the National Sea Grant College Program, develop and manage a grant program to support the education and training of individuals with the skills needed to manage and operate aquaculture facilities. (d) Regional networks The Secretary shall organize through each regional fisheries office of the National Oceanic and Atmospheric Administration a network of— (1) regional experts and Federal agency contacts, in coordination with relevant organizations (including the National Sea Grant College Program under the National Sea Grant College Program Act ( 33 U.S.C. 1121 et seq. ), the Department of Agriculture Regional Aquaculture Centers, institutions of higher education, and the Cooperative Extension System of the Department of Agriculture) to provide technical expertise and extension services on offshore aquaculture and information on Federal permit requirements; and (2) individuals and businesses interested in aquaculture operations and products to facilitate professional development, marketing, mentoring opportunities, and agency outreach and education on aquaculture. (e) Aquaculture database The Secretary shall establish and maintain within the Office of Aquaculture an aquaculture database. The aquaculture database shall include information on research, technologies, monitoring techniques, best practices, and advisory board recommendations. The Secretary shall make the aquaculture database available in a manner that safeguards confidential business information. The inclusion of information in the database under this subsection shall not be considered to be publication for purposes of subsection (a) or (b) of section 102 of title 35, United States Code. (f) Technical assistance for operators The Secretary shall organize through the Office of Aquaculture and the Regional Aquaculture Coordinators, a program to provide technical assistance to operators in each regional fisheries office of the National Oceanic and Atmospheric Administration. The programs shall be tailored to meet the unique needs of each region, but shall conduct individual consultations with each operator in the region on a regular basis to assess the status of the operator’s business, and if appropriate, identify available resources to support the operator, such as regional experts, university extension agents, and grant opportunities. (g) Capital markets (1) Outreach to financial institutions In order to enhance access to capital markets, the Secretary shall provide financial institutions and investment firms with objective, science-based information on offshore aquaculture and the Federal regulatory regime that governs it. (2) Economic analysis In addition, the Secretary shall provide economic analysis to answer queries regarding the value of offshore aquaculture assets to secure financing, such as equipment, governmental permits, inventory, and intellectual property. (3) Collaboration In order to achieve the goals of this subsection, the Secretary is encouraged to collaborate with the Secretary of Agriculture, the Secretary of the Treasury, and the regional networks established under subsection (d). 403. Outreach and education The Secretary shall conduct outreach on sustainable offshore aquaculture to promote understanding, science-based decision making, and commercial adoption. The Secretary shall use appropriate means to engage— (1) the general public; (2) community leaders; (3) governmental officials; (4) the business community; (5) the academic community; and (6) the nonprofit sector. 404. Administration (a) Regulations The Secretary— (1) shall initiate a rulemaking process, not later than 1 year after the date of enactment of this Act, after consulting with relevant Federal agencies, coastal States, federally recognized Indian Tribes within the meaning of such term in Executive Order 13175 (65 Fed. Reg. 67249), the Commonwealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, Regional Fishery Management Councils as established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ), and interstate fisheries commissions to implement this Act, including— (A) procedures to issue, modify, deny, revoke, or suspend an offshore aquaculture permit in accordance with this Act; (B) procedures to coordinate the offshore aquaculture permitting process, with similar or complementary activities administered by other Federal agencies, federally recognized Indian Tribes, and coastal States; (C) procedures to monitor and evaluate permit compliance to verify and confirm compliance with the requirements of this Act; (D) procedures to transfer an offshore aquaculture permit from an original permit holder to a person that meets the requirements under section 202; (E) procedures to minimize conflicts with existing uses in the exclusive economic zone; (F) procedures to consider public-private partnerships; and (G) standards for determining what types of feed may be employed in an offshore aquaculture facility in accordance with the requirements of section 302; (2) shall promulgate such additional regulations as are necessary and appropriate to carry out this Act; and (3) may amend a regulation at any time. (b) Agreements The Secretary may enter into and perform such contracts, leases, or cooperative agreements, and make and receive such grants or funds, as may be necessary to carry out this Act. (c) Use of contributed governmental resources For enforcement under this Act, the Secretary may use, with consent and with or without reimbursement, and consistent with applicable law, the land, services, equipment, personnel, and facilities of— (1) any department, agency, or instrumentality of the United States; (2) any State, local government, Tribal government, territory, or possession (or any political subdivision thereof); (3) any foreign government; or (4) an international organization. (d) Authority To use grant funds (1) In general Except as provided under paragraph (2), the Secretary may apply for, accept, and obligate research grant funding from any Federal source operating a competitive grant program if the funding furthers the purposes of this Act. (2) Exception The Secretary may not apply for, accept, or obligate any research grant funding under paragraph (1) if the granting agency lacks authority to grant funds to Federal agencies or for any purpose, or subject to any condition, that is prohibited by law or regulation. (3) Matching grant funds Appropriated funds may be used to satisfy a requirement to match grant funds with recipient agency funds, except that no grant may be accepted that requires a commitment in advance of appropriations. (4) Accounts Funds received from a grant shall be deposited in the National Oceanic and Atmospheric Administration account that serves to accomplish the purpose for which the grant was awarded. (e) Reservation of authority Nothing in this Act shall be construed to displace, supersede, or limit the jurisdiction, responsibilities, or rights of any Federal or State agency, or Indian Tribe or Alaska Native organization, under any Federal law or treaty. 405. Report and permit terms (a) Report Not later than 5 years after the date of enactment of this Act, the Secretary shall issue a report to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives regarding implementation of this Act. The report shall include— (1) the number of offshore aquaculture permits applied for, granted, denied, and retired, together with a brief description of the circumstances of each; (2) any and all enforcement actions undertaken, and the disposition of each; (3) the number of aquaculture opportunity areas established under section 102, together with a brief description of the circumstances of each; (4) results from any grants awarded under this Act; (5) the Secretary’s assessment of the state of offshore aquaculture in the United States; (6) the Secretary’s assessment of United States offshore aquaculture in comparison to offshore aquaculture in other nations; and (7) the Secretary’s recommendations to improve United States offshore aquaculture. (b) Determination regarding permits In addition to the requirements of subsection (a), the Secretary may make the following determinations regarding permit terms for offshore aquaculture: (1) The effect of shortening or lengthening permit terms on the risk of harm to the environment. (2) The effect of shortening or lengthening permit terms on industry’s access to capital markets. (3) Whether a change to the permit terms established in this Act is warranted. 406. Federal coordination (a) Relation to current law Nothing in this section shall be construed in derogation of law in effect on the date of enactment of this Act that is applicable to offshore aquaculture operations, and the unified permitting and review process established under this section shall not affect the timelines or standards established under other laws. (b) Coordination Subject to subsection (a), the Secretary of Commerce shall coordinate with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, the Army Corps of Engineers, the Food and Drug Administration, and the department in which the U.S. Coast Guard is operating to simplify the Federal permitting process for offshore aquaculture. The Secretaries of the Interior, Agriculture, Health and Human Services, and the department in which the U.S. Coast Guard is operating, the Administrator of the Environmental Protection Agency, and the Chief of Engineers shall cooperate with the Secretary of Commerce to implement this section. (c) Unified permitting and review process (1) In general Not later than 1 year after the date of enactment of this Act, the Secretaries of Commerce, Interior, Agriculture, Health and Human Services, and the department in which the U.S. Coast Guard is operating, the Administrator of the Environmental Protection Agency, and the Chief of Engineers shall, through the Secretary of Commerce, initiate, subject to the requirements of subsection (a), a rulemaking for all permits administered by such agency heads relating to offshore aquaculture for a unified process, public notice, and public comment for— (A) initial issuance of permits; (B) renewal of permits; and (C) transfer of permits. (2) Outreach The Secretary of Commerce, through the National Oceanic and Atmospheric Administration, shall serve as the lead Federal agency for purposes of providing information on Federal permitting requirements for aquaculture in Federal waters. (3) Informal review and compatibility analysis The Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall convene representatives of the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, the Army Corps of Engineers, and the Department in which the U.S. Coast Guard is operating to provide prospective permit applicants an opportunity for informal consultation with Federal agencies. The Secretary of Commerce may invite representatives from other Federal agencies as necessary or advisable. Nothing in this subsection shall preclude an applicant or a prospective applicant from contacting Federal agencies directly. (4) Environmental analysis To the extent allowable under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), any environmental analysis or environmental impact statement required under such Act for offshore aquaculture activities shall be conducted through a single, consolidated environmental review and the National Oceanic and Atmospheric Administration, through the Office of Aquaculture and associated divisions, shall serve as the lead Federal agency. (5) Coordination of permit reviews To the extent practicable under this Act and all other applicable laws and regulations, Federal agencies with permitting requirements applicable to offshore aquaculture facilities shall coordinate their review processes in order to provide a timely response to applicants. 407. Prohibited acts It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to refuse to permit any officer authorized to enforce the provisions of this Act (in accordance with section 408) to access an offshore aquaculture facility, associated onshore facility, vessel, or other conveyance, subject to such person’s control, for purposes of conducting any search or inspection in connection with the enforcement of this Act; (3) to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this section; (5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any cultured species produced, taken, retained, or possessed in violation of this Act; (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (7) to make or submit to the Secretary or the Governor of a State false information regarding any matter that the Secretary or Governor is considering in the course of carrying out this Act; (8) to make any false statement or provide any false information on, or in connection with, an application, declaration, record, or report; or (9) without authorization, to remove, damage, or tamper with or attempt to remove, damage, or tamper with— (A) an offshore aquaculture facility owned by another person, which is located in the exclusive economic zone, including any component thereof; or (B) cultured species contained in such facility or component thereof. 408. Enforcement (a) Responsibility The provisions of this Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. In enforcing this Act, such Secretaries may by agreement utilize, on a reimbursable or non-reimbursable basis, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, or of any State agency. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce the provisions of this Act or any regulation promulgated under this Act. (b) Powers of authorized officers Any officer who is authorized under subsection (a) to enforce the provisions of this Act may, with or without a warrant or other process, as authorized by law— (1) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by section 407; (2) board, search or inspect, any offshore aquaculture facility, associated onshore facility, vessel, or other conveyance (including its gear, furniture, appurtenances, stores, records, and cargo) which is subject to the provisions of this Act; (3) seize any vessel, or other conveyance (together with its gear, furniture, appurtenances, stores, records, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act; (4) seize any cultured species or seafood product (wherever found) taken, produced, imported, exported, transported, sold, received, acquired, or purchased in any manner, in connection with or as a result of the violation of any provision of this Act; (5) seize any evidence related to any violation of any provision of this Act; (6) detain any cultured species or seafood product to determine compliance with this Act; (7) search and seize, in accordance with any guidelines which may be issued by the Attorney General; (8) access, directly or indirectly, for enforcement purposes any data or information required to be provided or reported under this Act or regulations promulgated under this Act, including data from vessel or facility monitoring systems, automatic identification systems, long-range identification and tracking systems, or any similar system; (9) execute and serve any subpoena, arrest warrant, search warrant issued in accordance with Rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction; and (10) exercise any other lawful authority. (c) Issuance of citations If any authorized officer finds that a person, offshore aquaculture facility, associated onshore facility, vessel, or other conveyance is engaging or has been engaged in the violation of any provision of this Act, such officer may issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (f), (g), or (h). If a permit has been issued pursuant to this Act for such facility or conveyance, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection. (d) Subpoenas For the purposes of conducting any investigation or hearing under this Act, or any other marine resource law enforced by the Secretary, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, photographs, records, books, and documents in any form, including those in electronic, optical or magnetic form, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (e) District court jurisdiction The several district courts of the United States shall have jurisdiction over any actions arising under this Act. For purposes of this section, for Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18, United States Code. (f) Civil enforcement (1) Civil administrative penalties (A) In general Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 407 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $37,500 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, provided that the information is served on the Secretary at least 30 days prior to an administrative hearing. (B) Compromise or other action by Secretary The Secretary may compromise, modify, or remit, with or without conditions, any civil administrative penalty which is or may be imposed under this subsection and that has not been referred to the Attorney General for further enforcement action. (2) In rem jurisdiction An offshore aquaculture facility, associated onshore facility, vessel, or other conveyance (including its gear, furniture, appurtenances, stores, records, and cargo) used in the commission of an act prohibited by section 407 shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. (3) Collection of administrative penalties If any person fails to pay an assessment of a civil penalty under paragraph (1) after it has become a final and unappealable order, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed (plus interest at current prevailing rates from the date of the final order) in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. Any person who fails to pay, on a timely basis, the amount of an assessment of a civil penalty shall be required to pay, in addition to such amount and interest, attorney's fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter. (4) Permit sanctions (A) In general With respect to any case in which an offshore aquaculture facility, associated onshore facility, vessel, or other conveyance was used in the commission of an act prohibited under section 407, the owner or operator of an offshore aquaculture facility, associated onshore facility, vessel, or other conveyance (or any other person who has been issued or has applied for a permit under this Act) has acted in violation of section 407, or any civil penalty, criminal fine, or amount in settlement of a civil forfeiture imposed under this Act on a person, offshore aquaculture facility, associated onshore facility, vessel, or other conveyance that has been issued or has applied for a permit under this Act has not been paid and is overdue, the Secretary may— (i) revoke any permit issued with respect to such person, offshore aquaculture facility, associated onshore facility, vessel, other conveyance, with or without prejudice to the issuance of subsequent permits; (ii) suspend such permit for a period of time considered by the Secretary to be appropriate; (iii) deny such permit; or (iv) impose additional conditions and restrictions on such permit. (B) Considerations In imposing a sanction under this paragraph, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. (C) Effect of transfer of ownership Transfer of ownership of an offshore aquaculture facility, associated onshore facility, vessel, or other conveyance, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a facility or conveyance, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the facility or conveyance at the time of the transfer. (D) Payment of penalty or fine In the case of any permit that is suspended under this paragraph for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate. (E) Hearing No sanction shall be imposed under this paragraph unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise. (5) Review of civil penalty Any person against whom a civil penalty is assessed under this subsection or against whom a permit sanction is imposed under this subsection (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order that constitutes a final agency action. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code. (6) Injunctive relief Upon the request of the Secretary, the Attorney General of the United States may commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation of this Act (including regulations). (g) Forfeiture (1) Criminal forfeiture (A) In general A person who is convicted of an offense in violation of this Act shall forfeit to the United States— (i) any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense, including, without limitation, any cultured species (or the fair market value thereof); and (ii) any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation. (B) Applicability of controlled substances act Pursuant to section 2461(c) of title 28, United States Code, the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ) other than subsection (d) thereof shall apply to criminal forfeitures under this section. (2) Civil forfeiture (A) In general The property set forth below shall be subject to administrative or judicial forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, and no property right shall exist in it: (i) Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of a violation of this Act, including, without limitation, any fish (or the fair market value thereof). (ii) Any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of a violation of this Act, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation. (B) Application of the customs laws All provisions of law relating to seizure, summary judgment, and forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (C) Presumption For the purposes of this section there is a rebuttable presumption that all cultured species, or components thereof, found in an offshore aquaculture facility or on board a vessel or other conveyance that is used or seized in connection with a violation of this Act were produced, taken, obtained, transported, or retained in violation of this Act. (h) Criminal enforcement (1) Imprisonment Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who knowingly commits any act prohibited under section 407 shall be imprisoned for not more than 5 years or fined not more than $500,000 for individuals or $1,000,000 for an organization, or both, except that, if in the commission of any such offense the individual uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act, or places any such officer in fear of imminent bodily injury, the maximum term of imprisonment is not more than 10 years. (2) Fine and imprisonment Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who violates a provision under section 407 and who, in the exercise of due care should know that such person's conduct violates such provision, shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. (i) Joint enforcement agreements (1) In general The Governor of an eligible State may apply to the Secretary for execution of a joint enforcement agreement with the Secretary that will authorize the deputization and funding of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary relating to law enforcement provisions under this title or any other marine resource law enforced by the Secretary. Upon receiving an application meeting the requirements of this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State. (2) Eligible state A State is eligible to participate in the cooperative enforcement agreements under this section if it is in, or bordering on, the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. (3) Requirements Joint enforcement agreements executed under paragraph (1)— (A) shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities; (B) may include specifications for joint management responsibilities as provided by the first section of Public Law 91–412 ( 15 U.S.C. 1525 ); and (C) shall provide for confidentiality of data and information submitted to the State under this Act. (4) Allocation of funds The Secretary shall include in each joint enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be fairly distributed among all eligible States participating in cooperative enforcement agreements under this subsection, based upon consideration of Federal marine enforcement needs, the specific marine conservation enforcement needs of each participating eligible State, and the capacity of the State to undertake the marine enforcement mission and assist with enforcement needs. The agreement may provide for amounts to be withheld by the Secretary for the cost of any technical or other assistance provided to the State by the Secretary under the agreement. 409. Authorization of appropriations There are authorized to be appropriated to the Secretary for the purpose of carrying out this Act— (1) $60,000,000 for fiscal year 2023; (2) $65,000,000 for fiscal year 2024; (3) $70,000,000 for fiscal year 2025; (4) $75,000,000 for fiscal year 2026; and (5) $80,000,000 for fiscal year 2027.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3100is/xml/BILLS-117s3100is.xml
|
117-s-3101
|
II 117th CONGRESS 1st Session S. 3101 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Scott of South Carolina (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to repeal the retirement earnings test, and for other purposes.
1. Short title This Act may be cited as the Senior Citizens’ Freedom to Work Act of 2021 . 2. Repeal of the Retirement Earnings Test (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 ) are repealed. (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) by redesignating subsections (c), (e), (g), and (l) as subsections (b), (c), (d), and (e), respectively; (2) in subsection (b) (as so redesignated)— (A) by striking Noncovered Work Outside the United States or ; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking paragraphs (2), (3), and (4) of ; and (D) by striking the last sentence; (3) in subsection (c) (as so redesignated), by striking subsections (c) and (d) and inserting subsection (b) ; (4) in subsection (d) (as so redesignated), by striking subsection (c) each place it appears and inserting subsection (b) ; and (5) in subsection (e) (as so redesignated), by striking subsection (g) or (h)(1)(A) and inserting subsection (d) . (c) Additional conforming amendments (1) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) ) is amended by striking Section 203(b), (c), and (d) and inserting Section 203(b) . (2) Provisions relating to exemptions from reductions based on early retirement Section 202(q) of such Act ( 42 U.S.C. 402(q) ) is amended— (A) in paragraph (5)(B), by striking section 203(c)(2) and inserting section 203(b)(1) ; and (B) in paragraph (7)(A), by striking deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) and inserting deductions on account of work under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens’ Freedom to Work Act of 2021 ) or deductions under section 222(b) . (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits Section 202(s) of such Act ( 42 U.S.C. 402(s) ) is amended— (A) in paragraph (1), by striking paragraphs (2), (3), and (4) of section 203(c) and inserting paragraphs (1), (2), and (3) of section 203(b) ; and (B) in paragraph (3), by striking The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . (4) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) ) is amended by striking Subsections (b), (c), and (d) and inserting Subsection (b) . (5) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) ) is amended by striking and subsections (b), (c), and (d) and inserting and subsection (b) . (6) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) ) is amended by striking under section 203(f) of this title for purposes of deductions from benefits and inserting under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens’ Freedom to Work Act of 2021 ) for purposes of deductions from benefits on account of work . (7) Provisions taking into account earnings in determining benefit computation years Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended by striking no earnings as described in section 203(f)(5) in such year and inserting no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year . (8) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) ) is amended by striking and any deduction under section 203(b) . (9) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— (A) in paragraph (1)(A), by striking as determined under section 203(f)(5)(C) and inserting as defined in the last two sentences of this subsection ; and (B) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term wages shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer. . (d) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) ) is amended in the first sentence by striking before any reductions under the provisions of section 2(f) of this Act, . (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before . (e) Effective date The amendments made by this section shall apply with respect to taxable years ending after December 31, 2021.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3101is/xml/BILLS-117s3101is.xml
|
117-s-3102
|
II 117th CONGRESS 1st Session S. 3102 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to preserve commission-free trading and investor freedom for the people of the United States by prohibiting the Securities and Exchange Commission from banning payment for order flow, and for other purposes.
1. Short title This Act may be cited as the Investor Freedom Act of 2021 . 2. Safe harbor for payment for order flow Section 28 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb ) is amended by adding at the end the following: (g) Payment for order flow (1) Definition In this subsection, the term payment for order flow has the meaning given the term in section 240.10b–10(d) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection. (2) Applicability (A) In general No broker or dealer, or any person associated with a broker or dealer, using the mails, or any means or instrumentality of interstate commerce, shall be deemed to have acted unlawfully or to have breached a duty under State or Federal law solely by reason of having received payment for order flow. (B) Restriction Neither the Commission nor any national securities exchange or registered securities association may promulgate any rule or regulation that prohibits, limits, or directs the receipt or use of payment for order flow by— (i) a broker or dealer; or (ii) any person associated with a broker or dealer. (C) Rule of construction Nothing in this subsection may be construed to impair or limit the power of the Commission, any national securities exchange, or any registered securities association with respect to any other duties applicable to the execution of a customer’s order by a broker or dealer. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3102is/xml/BILLS-117s3102is.xml
|
117-s-3103
|
II 117th CONGRESS 1st Session S. 3103 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Durbin (for himself, Mrs. Blackburn , Mrs. Feinstein , Mr. Cornyn , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to eliminate the statute of limitations for the filing of a civil claim for any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of such title.
1. Short title This Act may be cited as the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2021 . 2. Elimination of the statute of limitations Section 2255 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: (b) Statute of limitations There shall be no time limit for the filing of any action commenced under this section. . 3. Effective date; applicability This Act and the amendments made by this Act shall— (1) take effect on date of enactment of this Act; and (2) apply to— (A) any claim or action that, as of the date described in paragraph (1), would not have been barred under section 2255(b) of title 18, United States Code, as it read the day before the date of enactment of this Act; and (B) any claim or action arising after the date of enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3103is/xml/BILLS-117s3103is.xml
|
117-s-3104
|
II 117th CONGRESS 1st Session S. 3104 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Carper introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Coastal Zone Management Act of 1972 to allow the District of Columbia to receive Federal funding under such Act, and for other purposes.
1. Short title This Act may be cited as the Flood Prevention Act of 2021 . 2. Eligibility of District of Columbia for Federal funding under the Coastal Zone Management Act of 1972 Section 304(4) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(4) ) is amended by inserting the District of Columbia, after the term also includes .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3104is/xml/BILLS-117s3104is.xml
|
117-s-3105
|
II 117th CONGRESS 1st Session S. 3105 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a hospital revitalization program to assist certain health facilities in constructing and modernizing their facilities and to support community development.
1. Short title This Act may be cited as the Hospital Revitalization Act of 2021 . 2. Hospital revitalization program Title VI of the Public Health Service Act ( 42 U.S.C. 291 et seq. ) is amended by adding at the end the following: E Hospital revitalization program 651. Establishment of hospital revitalization program (a) In general The Secretary shall award grants and loans to eligible hospitals for purposes of assisting such hospitals in constructing and modernizing their facilities, including rural health clinics, off-site outpatient departments, skilled nursing facilities, and other facilities not physically part of the eligible hospital building, to increase capacity and better serve communities in need. (b) Eligible hospitals (1) In general To be eligible to receive an award under this section, a hospital shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including information to demonstrate that, based on available data for fiscal or calendar years 2017 through 2019, such hospital— (A) had less than $50,000,000 in net patient revenue or fewer than 50 beds (as reported by the Health Care Cost and Information Reporting System); (B) had a negative total margin for at least 2 of the 3 fiscal years prior to fiscal year 2020; and (C) had a public payer mix percentage, for each of the 3 fiscal years prior to fiscal year 2020, that is at least 65 percent (at least 65 percent of net patient revenue from the Medicare program or Medicaid program). (2) Prioritization criteria The Secretary shall develop prioritization criteria for the grant and loans under subsection (d), including— (A) the year in which the hospital was built; (B) the physical state of the hospital; (C) the average age-of-plant ratio (accumulated depreciation divided by annual depreciation expense); (D) the level of the hospital's electronic health record implementation; (E) whether the hospital is located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act); and (F) the level of, relative to the national or statewide average, individuals with income below 150 percent of the Federal poverty level in the area served by the hospital. (c) Application Each eligible hospital desiring an award under this section shall submit to the Secretary an application, at such time, in such manner, and containing such information to determine eligibility and prioritization required under subsection (b) and other information as the Secretary may require, including— (1) a community health needs assessment, which shall be made available on the websites of the hospital and the Department of Health and Human Services, that— (A) accounts for health equity through factors (like socioeconomic, racial, ethnic, sexual preference, gender identity, health insurance coverage, education level, and geography) that have an impact on the overall health of the population; (B) honors indigenous history and current presence with a land acknowledgment statement; (C) outlines a projection for not less than 5 years, and if possible for 10 years, with respect to— (i) population and demographic trends within the local community and region; (ii) current availability of, and projected community need for— (I) inpatient hospital services; outpatient and ambulatory services; (II) diagnostic and lab services; (III) post-acute and community services; (IV) emergency medical services; (V) oral and dental care; and (VI) preventive and population health services; (iii) current availability and projected community need for Tribal or veteran health and wellness services; and (iv) current availability and projected community need for non-clinical services, such as food support, housing assistance, transportation, linguistic, and other services that impact the health care status of the impacted population; (D) provides a statement outlining the overarching gap in local community or regional services; (E) provides a statement that identifies the highest priority services that have the potential to improve overall health and wellness of the local region; and (F) establishes a hospital transformation plan that contains— (i) a process for consulting with representatives of the community’s interests and input; (ii) a list of community input sources representing the broad interests of the community, that is representative of individuals who are medically underserved, low-income, or from minority populations and that may include representatives of local hospitals, physicians, allied health professionals, private and public payers, patients and consumers, Tribal representatives, and other relevant stakeholders, including local or regional social service organizations; and (iii) an outline of goals and action steps for improving or maintaining access to care, strengthening quality of care, better coordinating care across the local or regional health care delivery system, and addressing other community needs or gaps identified in the needs assessment; (2) a preliminary construction project plan that— (A) outlines a project budget with costs of— (i) administrative and legal expenses; (ii) land, structure, rights-of-way appraisals; (iii) relocation expenses; (iv) architectural and engineering fees; (v) inspection fees; (vi) site work (such as helipad equipment and telecommunication and data network upgrades); (vii) demolition and removal; (viii) equipment (such as medical equipment and technology systems, furniture, kitchen and bathroom appliances, and signage); and (ix) any other costs the Secretary determines appropriate; and (B) outlines the planned spaces with descriptions (including square footage and purpose), as the Secretary determines appropriate, which shall include— (i) care units or wards and the number of expected beds in such areas; (ii) diagnostic and treatment areas, including imaging areas, emergency departments, laboratories, and pharmacies; (iii) administrative areas, including lobbies, office space, education areas; and (iv) other types of spaces the Secretary determines appropriate; (3) an energy plan for how the project accounts for energy resilience and efficiency; and (4) a report on the economic impact of the award on the area or region served, including an analysis of local labor market effects such as how the hospital may help improve wages, household incomes, employment and unemployment rates, and meet labor demands and how the hospital may help improve wages in the area. (d) Safe structure waiver The Secretary may grant a waiver to eligible hospitals with respect to the timing of submissions of information required under paragraph (1), (3), or (4) of subsection (c), if the Secretary determines that the project to be carried out by the eligible hospital receiving such waiver should be expedited to ensure the safety of patients or workers. (e) Grant and loan amounts (1) In general An award to an eligible hospital under this section shall be in an amount determined by the Secretary, based on the information submitted by the eligible hospital under subsection (c)(2). The total amount of such an award shall not exceed $40,000,000, of which not more than 30 percent may be awarded as a grant, and any remaining amount may be awarded as a low interest loan. (2) No effect on eligibility for other funding Amounts received by an eligible hospital under this section shall have no effect on the hospital's eligibility for funding made available through other Federal programs, including any such funding available with respect to the project supported by the award under this section. (f) Reporting Each recipient of an award under this section shall submit an annual report to the Secretary on the use of such award funds in the previous fiscal year, including the use of such funds to address issues raised in the community health needs assessment, the energy plan, and economic impact report submitted with the recipient’s application under subsection (c). Such recipient shall post each such report on the website of the recipient. (g) Authorization of appropriations (1) In general There are authorized to be appropriated $17,000,000,000 for fiscal year 2022 to carry out this section. Amounts appropriated under this subsection shall remain available through fiscal year 2025. (2) Management and oversight The Secretary may allocate up to 0.1 percent of the funds appropriated under this subsection for the management and oversight of programs under this section. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3105is/xml/BILLS-117s3105is.xml
|
117-s-3106
|
II 117th CONGRESS 1st Session S. 3106 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the use of the voice and vote of the United States in international financial institutions to advance the cause of transitioning the global economy to a clean energy economy and to prohibit United States Government assistance to countries or entities to support fossil fuel activity, and for other purposes.
1. Short title This Act may be cited as the Sustainable International Financial Institutions Act of 2021 . 2. Clean energy and climate justice at international financial institutions The International Financial Institutions Act ( 22 U.S.C. 262c et seq. ) is amended by adding at the end the following: XX Clean energy and climate justice 2001. Clean energy and climate justice (a) In general The United States Executive Directors at the international financial institutions specified in subsection (c) shall use the voice and vote of the United States in those institutions— (1) to advance the cause of reducing greenhouse gas emissions and transitioning the global economy to a clean energy economy, including by seeking to channel assistance toward countries and entities that are building clean and sustainable energy systems; (2) to oppose any policy reform, or investment, loan, or extension of financial or technical assistance to any country or entity, that is intended to create, or will have the effect of creating, new capacity for, or the expansion of, fossil fuel activity, including— (A) any such policy reform, investment, loan, or extension of assistance that would support the refurbishment or life extension of existing fossil fuel capacity; or (B) any such investment, loan, or extension of assistance to a country or entity that would necessitate, or is predicated upon, increased fossil fuel capacity outside of the country receiving the investment, loan, or extension of assistance or the country in which the entity operates, as applicable, without regard whether the activity falls within the portfolio of the international financial institution providing the investment, loan, or extension of assistance; and (3) to support the phasing out of funding for internal combustion engines for passenger vehicles and buses by 2025 in a way that is sustainable and sensitive to communities in need of mobility. (b) Reduction of contributions; deposit in escrow account (1) Determination of expenditure on new fossil fuel capacity In each fiscal year, the Secretary of the Treasury shall— (A) determine the amount of investments, loans, and extensions of financial or technical assistance provided by each international financial institution specified in subsection (c) to any country or entity to create new capacity for fossil fuel activity during the preceding fiscal year; and (B) reduce the contribution of the United States to that institution by the amount determined under subparagraph (A). (2) Deposit in escrow account The Secretary shall deposit in an escrow account the amount by which the contribution of the United States to each international financial institution specified in subsection (c) is reduced under paragraph (1)(B). (3) Release from escrow account The Secretary shall release to each international financial institution specified in subsection (c) the amount in the escrow account under paragraph (2) attributable to contributions to that institution reduced under paragraph (1)(B) at such time as the Secretary determines and certifies to Congress that the institution is no longer providing investments, loans, or extensions of financial or technical assistance to any country or entity to create new capacity for fossil fuel activity. (4) Reports required Not later than 120 days after depositing amounts into the escrow account under paragraph (2) attributable to contributions to an international financial institution specified in subsection (c) reduced under paragraph (1)(B), and annually thereafter until amounts are released to that institution under paragraph (3), the Secretary shall submit to Congress a report that documents investments, loans, and extensions of financial or technical assistance provided by that institution to any country or entity to create new capacity for fossil fuel activity during the preceding fiscal year. (c) International financial institutions specified The international financial institutions specified in this subsection are the following: (1) The International Bank for Reconstruction and Development. (2) The International Development Association. (3) The International Finance Corporation. (4) The Multilateral Investment Guarantee Agency. (5) The African Development Fund. (6) The African Development Bank. (7) The Asian Development Fund. (8) The Asian Development Bank. (9) The European Bank for Reconstruction and Development. (10) The Inter-American Development Bank. (11) The Inter-American Development Bank Invest. (12) The North American Development Bank. (d) Definitions In this section: (1) Fossil fuel activity The term fossil fuel activity means the exploration, development, mining or production, processing, refining, transportation (including pipelines transporting gas, oil, or products thereof), combustion, distribution, or marketing of, or the construction or operation of plants for the processing or refining of, coal, petroleum, natural gas, or any derivative of coal, petroleum, or natural gas that is used for fuel. (2) Fossil fuel (A) In general The term fossil fuel means all forms of coal, oil, and gas. (B) Inclusions The term fossil fuel includes— (i) bitumen from oil sands; (ii) kerogen from oil shale; (iii) liquids manufactured from coal; (iv) coal bed methane; (v) methane hydrates; (vi) light oil derived from shale or other formations; (vii) natural gas liquids; and (viii) all conventionally and unconventionally produced hydrocarbons. (3) Policy reform The term policy reform means a process at an international financial institution that changes rules, regulations, or institutions and results in incentivizing fossil fuel investment, such as by lowering tax liability or increasing energy tariffs. . 3. Prohibition on foreign assistance that would support fossil fuel activity The United States may not provide, directly or indirectly (such as through a financial intermediary), any loan, insurance, guarantee, or extension of financial or technical assistance, including policy guidance, to any country or entity for any fossil fuel activity (as defined in section 2001(d) of the International Financial Institutions Act, as added by section 2) or a related infrastructure project, including through the United States International Development Finance Corporation, the Export-Import Bank of the United States, the Trade and Development Agency, the United States Agency for International Development, or the Millennium Challenge Corporation.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3106is/xml/BILLS-117s3106is.xml
|
117-s-3107
|
II 117th CONGRESS 1st Session S. 3107 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mrs. Gillibrand (for herself, Mrs. Capito , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide incentives for States to eliminate statutes of limitation related to child sexual abuse, and for other purposes.
1. Short title This Act may be cited as the No Time Limit for Justice Act . 2. Findings Congress finds the following: (1) According to the Children’s Bureau of the Administration on Children, Youth and Families of the Department of Health and Human Services, every 9 minutes, a child is sexually assaulted in the United States, and 93 percent of victims know the perpetrator, who is often related to the victim. (2) Child sexual abuse can have a serious impact on the physical and mental health of victims, who often experience post-traumatic stress disorder, shame, guilt, anxiety, and depression. (3) A study from the National Institutes of Health found that between 60 and 80 percent of victims of childhood sexual abuse wait until adulthood to disclose their abuse. (4) Due to the especially heinous nature of child sexual abuse, it is imperative that perpetrators of this crime are punished and prevented from reoffending, and that victims have the opportunity to see their abusers brought to justice. (5) Statutes of limitations for felony sex crimes against minors differ by State, and some end as little as 3 years after the crime occurred, even for crimes like production of child sexual abuse imagery. For victims, statutes of limitations can hinder their ability to seek justice and hold their perpetrator accountable. 3. Definitions In this Act: (1) Covered grant program The term covered grant program means the grant program under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq. ) (commonly referred to as the STOP Violence Against Women Formula Grant Program ). (2) Sexual abuse The term sexual abuse has the meaning given the term in section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g ). 4. Increased funding for grants authorized under stop grant program (a) In general The Attorney General shall, in accordance with subsection (b), increase the total amount of each grant awarded to a State under the covered grant program, if, as of the first day of the fiscal year for which the grant is being awarded— (1) child sexual abuse criminal offenses under the laws of the State are not subject to a statute of limitations; and (2) civil actions authorizing damages for victims of child sexual abuse under the laws of the State are not subject to a statute of limitations. (b) Grant increase The amount of an increase provided to a State under subsection (a) shall be equal to not more than 5 percent of the average of the total amount of funding provided to the State under the covered grant program during the 3 most recent fiscal years in which the State was awarded a grant under the covered grant program. (c) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of 2022 through 2026 to carry out this section.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3107is/xml/BILLS-117s3107is.xml
|
117-s-3108
|
II 117th CONGRESS 1st Session S. 3108 IN THE SENATE OF THE UNITED STATES October 28, 2021 Ms. Hirono (for herself, Mr. Bennet , Mr. Blumenthal , Mr. Booker , Mr. Coons , Ms. Cortez Masto , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Mr. Heinrich , Mr. Hickenlooper , Ms. Klobuchar , Mr. Leahy , Mr. Markey , Mr. Menendez , Mr. Merkley , Mr. Murphy , Mr. Padilla , Mr. Reed , Ms. Rosen , Mr. Sanders , Mr. Schatz , Ms. Smith , Ms. Warren , Mr. Whitehouse , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide counsel for unaccompanied children, and for other purposes.
1. Short title This Act may be cited as the Fair Day in Court for Kids Act of 2021 . 2. Definitions In this Act: (1) Noncitizen The term noncitizen means an individual who is not a citizen or national of the United States. (2) Unaccompanied child The term unaccompanied child has the meaning given the term unaccompanied alien child in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). 3. References to aliens With respect to an individual who is not a citizen or national of the United States, any reference in this Act to a noncitizen shall be deemed to refer to an individual otherwise described as an alien in any Federal law, Federal regulation, or any written instrument issued by the executive branch of the Government. 4. Improving immigration court efficiency and reducing costs by increasing access to legal information (a) Definitions Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) The term noncitizen means an individual who is not a citizen or national of the United States. (54) The term unaccompanied child has the meaning given the term unaccompanied alien child in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). . (b) Appointment of counsel in removal proceedings; right To review certain documents in removal proceedings Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (4), in the matter preceding subparagraph (A), by striking under regulations of the Attorney General and inserting under regulations of the Attorney General, or in the case of an unaccompanied child, under regulations of the Secretary of Health and Human Services — (A) in subparagraph (A)— (i) by striking , at no expense to the Government, ; and (ii) by striking the comma at the end and inserting a semicolon; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (A) the following: (B) the Attorney General, or in the case of an unaccompanied child, the Secretary of Health and Human Services, may appoint or provide counsel, at Government expense, to noncitizens in immigration proceedings; (C) the noncitizen, or the noncitizen’s counsel, not later than 7 days after receiving a notice to appear under section 239(a), shall receive a complete copy of the noncitizen’s immigration file (commonly known as an A-file ) in the possession of the Department of Homeland Security (other than documents protected from disclosure under section 552(b) of title 5, United States Code); ; and (D) in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and (2) by adding at the end the following: (8) Failure to provide noncitizen required documents A removal proceeding may not proceed until the noncitizen, or the noncitizen’s counsel if the noncitizen is represented— (A) has received the documents required under paragraph (4)(C); and (B) has been provided at least 10 days to review and assess such documents, unless the noncitizen or the noncitizen’s counsel expressly waives such review period. . (c) Clarification regarding the authority of the Federal Government To appoint counsel to noncitizens in immigration proceedings (1) In general Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended to read as follows: 292. Right to counsel (a) In general In any removal proceeding and in any appeal proceeding before the Attorney General from any such removal proceeding, the subject of the proceeding shall have the privilege of being represented by such counsel as may be authorized to practice in such proceeding as he or she may choose. This subsection shall not apply to screening proceedings described in section 235(b)(1)(A). (b) Access to counsel for unaccompanied children (1) In general In any removal proceeding and in any appeal proceeding before the Attorney General from any such removal proceeding, an unaccompanied child shall be represented by counsel appointed or provided by the Secretary of Health and Human Services, at Government expense, unless the child has obtained at his or her own expense counsel authorized to practice in such proceeding. (2) Timing The Secretary of Health and Human Services shall appoint or provide counsel to an unaccompanied child under paragraph (1)— (A) as expeditiously as possible; and (B) not later than the date on which the child is first scheduled to appear before an immigration judge. (3) Length of representation An unaccompanied child shall be represented by counsel under paragraph (1) at every stage of the proceedings from the unaccompanied child’s initial appearance through the termination of immigration proceedings, and any ancillary matters appropriate to such proceedings even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending. (4) Continuity in representation If counsel retained by an unaccompanied child at his or her own expense ceases representing the child for any reason, the Secretary of Health and Human Services shall ensure continued representation of the child by appointing or providing new counsel as expeditiously as possible. (5) Notice Not later than 72 hours after an unaccompanied child is taken into Federal custody, the child shall be notified that he or she will be provided with legal counsel in accordance with this subsection. (6) Within detention facilities The Secretary of Homeland Security shall ensure that unaccompanied children have access to counsel inside all detention, holding, and border facilities. (c) Pro bono representation (1) In general To the maximum extent practicable, the Secretary of Health and Human Services shall make every effort to use the services of competent counsel who agree to provide representation to such children under subsection (b) without charge. (2) Development of necessary infrastructures and systems Through appropriate nonprofit organizations described in subsection (d), the Secretary of Health and Human Services shall ensure the availability of the necessary mechanisms to identify, recruit, train, and oversee counsel available to provide pro bono legal assistance and representation to unaccompanied children under subsection (b). (d) Contracts; grants (1) In general The Secretary of Health and Human Services may enter into contracts with, or award grants to, nonprofit organizations with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section, including providing legal orientation, screening cases for referral, identifying, recruiting, training, and overseeing pro bono attorneys. (2) Subcontracts and subgrants permitted Nonprofit organizations may enter into subcontracts with, or award grants to, other nonprofit organizations with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this section. (e) Model guidelines on legal representation of children (1) Development of guidelines The Director of the Office of Refugee Resettlement, in consultation with the Director of the Executive Office for Immigration Review and nonprofit organizations with relevant expertise in providing immigration-related legal services to children, shall develop model guidelines for the legal representation of unaccompanied children in immigration proceedings, which shall be based on— (A) the 2018 report of the American Bar Association entitled Standards for the Custody, Placement and Care; Legal Representation; and Adjudication of Unaccompanied Alien Children in the United States ; (B) the American Bar Association Model Rules of Professional Conduct; and (C) any other source the Director of the Office of Refugee Resettlement considers appropriate. (2) Purpose of guidelines The guidelines developed under paragraph (1) shall be designed to help protect each child from any individual suspected of involvement in any criminal, harmful, or exploitative activity associated with the smuggling or trafficking of children, while ensuring the fairness of the removal proceeding in which the child is involved. (f) Duties of counsel The duties of counsel appointed or provided under this section shall include— (1) representing the unaccompanied alien child concerned— (A) in all proceedings and matters relating to the immigration status of the child and; (B) with respect to any other action involving the Department of Homeland Security; (2) appearing in person for each of the child's— (A) individual merits hearings and master calendar hearings before the Executive Office for Immigration Review; and (B) interviews involving the Department of Homeland Security; (3) owing the same duties of undivided loyalty, confidentiality, and competent representation to the child as is due to an adult client; (4) advocating for the child’s legal interests, as directed by the child’s express wishes; (5) in the case of a child who does not express the objectives of representation, or is found incompetent, referring the child for the appointment of an independent child advocate, as described in section 235(c)(6) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(6) ); and (6) carrying out other such duties as may be prescribed by the Secretary of Health and Human Services or the Director of the Executive Office for Immigration Review. (g) Savings provision Nothing in this section may be construed to supersede— (1) any duties, responsibilities, disciplinary, or ethical responsibilities an attorney may have to his or her client under State law; (2) the admission requirements under State law; or (3) any other State law pertaining to the admission to the practice of law in a particular jurisdiction. . (2) Rulemaking The Secretary of Health and Human Services shall promulgate regulations to implement section 292 of the Immigration and Nationality Act, as added by paragraph (1), in accordance with the requirements set forth in section 3006A of title 18, United States Code. 5. Access by counsel to Department of Homeland Security facilities The Secretary of Homeland Security shall provide access to counsel for all noncitizens detained in— (1) a facility under the supervision of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; or (2) a private facility that contracts with the Department of Homeland Security to house, detain, or hold noncitizens. 6. Report on access to counsel (a) Report Not later than December 31 of each year, the Secretary of Health and Human Services, in consultation with the Attorney General, shall prepare and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the extent to which the Secretary has provided counsel for unaccompanied children as described in subsection (b) of section 292 of the Immigration and Nationality Act, as amended by section 4(c). (b) Contents Each report submitted under paragraph (a) shall include, for the immediately preceding 1-year period— (1) the number and percentage of unaccompanied children described in subsection (b) of section 292 of the Immigration and Nationality Act, as amended by section 4(c), who were represented by counsel, including information specifying— (A) the stage of the legal process at which representation of each such child commenced; (B) whether each such child was in government custody on the date on which such representation commenced; and (C) the nationality and ages of such children; (2) the number and percentage of children who received Know Your Rights presentations, including the nationality and ages of such children; and (3) a description of the mechanisms used under subsection (b) of section 292 of the Immigration and Nationality Act, as added by section 4(c), for identifying, recruiting, and training pro bono counsel to represent unaccompanied children. 7. Motions to reopen Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Special rule for unaccompanied children entitled to appointment of counsel If the Secretary of Health and Human Services fails to appoint or provide counsel for an unaccompanied child under section 292(b)— (I) the limitations under this paragraph with respect to the filing of a motion to repopen by such child shall not apply; and (II) the filing of such a motion shall stay the removal of the child. . 8. Authorization of appropriations (a) In general There is authorized to be appropriated to the Office of Refugee Resettlement such sums as may be necessary to carry out this Act. (b) Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3108is/xml/BILLS-117s3108is.xml
|
117-s-3109
|
II 117th CONGRESS 1st Session S. 3109 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Coons (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To improve commercialization activities in the SBIR and STTR programs, and for other purposes.
1. Short title This Act may be cited as the Research Advancing to Market Production for Innovators Act . 2. Improvements to commercialization selection (a) In general Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended— (1) in subsection (g)— (A) in paragraph (4)(B)(i), by striking 1 year and inserting 180 days ; (B) in paragraph (11), by striking and at the end; (C) in paragraph (12), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (13) with respect to peer review carried out under the SBIR program, to the extent practicable, include in the peer review— (A) the likelihood of commercialization in addition to scientific and technical merit and feasibility; and (B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization. ; (2) in subsection (o)— (A) in paragraph (4)(B)(i), by striking 1 year and inserting 180 days ; (B) in paragraph (15), by striking and at the end; (C) in paragraph (16), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (17) with respect to peer review carried out under the STTR program, to the extent practicable, include in the peer review— (A) the likelhood of commercialization in addition to scientific and technical merit and feasibility; and (B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization. ; (3) in subsection (cc)— (A) by striking During fiscal years 2012 through 2022, the National Institutes of Health, the Department of Defense, and the Department of Education and inserting the following: (1) In general During fiscal years 2022 through 2027, each Federal agency with an SBIR or STTR program ; and (B) by adding at the end the following: (2) Limitation The total value of awards provided by a Federal agency under this subsection in a fiscal year shall be— (A) except as provided in subparagraph (B), not more than 10 percent of the total funds allocated to the SBIR and STTR programs of the Federal agency during that fiscal year; and (B) with respect to the National Institutes of Health, not more than 15 percent of the total funds allocated to the SBIR and STTR programs of the National Institutes of Health during that fiscal year. (3) Extension During fiscal years 2026 and 2027, each Federal agency with an SBIR or STTR program may continue phase flexibility as described in this subsection only if the reports required under subsection (tt)(1)(B) have been submitted to the appropriate committees. ; (4) in subsection (hh)(2)(A)(i), by inserting application process and requirements after simplified and standardized ; and (5) by adding at the end the following: (vv) Technology Commercialization Official Each Federal agency participating in the SBIR or STTR program shall designate a Technology Commercialization Official in the Federal agency, who shall— (1) have sufficient commercialization experience; (2) provide assistance to SBIR and STTR program awardees in commercializing and transitioning technologies; (3) identify SBIR and STTR program technologies with sufficient technology and commercialization readiness to advance to Phase III awards or other non-SBIR or STTR program contracts; (4) coordinate with the Technology Commercialization Officials of other Federal agencies to identify additional markets and commercialization pathways for promising SBIR and STTR program technologies; (5) submit to the Administration an annual report on the number of technologies from the SBIR or STTR program that have advanced commercialization activities, including information required in the commercialization impact assessment under subsection (xx); (6) submit to the Administration an annual report on actions taken by the Federal agency, and the results of those actions, to simplify, standardize, and expedite the application process and requirements, procedures, and contracts as required under subsection (hh) and described in subsection (xx)(E); and (7) carry out such other duties as the Federal agency determines necessary. . (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives summarizing the metrics relating to and an evaluation of the authority provided under section 9(cc) of the Small Business Act, as amended by subsection (a), which shall include the size and location of the small business concerns receiving awards under the SBIR or STTR program. 3. Improvements to technical and business assistance; commercialization impact assessment; patent assistance Section 9 of the Small Business Act ( 15 U.S.C. 638 ), as amended by section 2, is amended— (1) in subsection (q)— (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking may enter into an agreement with 1 or more vendors selected under paragraph (2)(A) and inserting shall authorize recipients of awards under the SBIR or STTR program to select, if desired, commercialization activities provided under subparagraph (A), (B), or (C) of paragraph (2) ; and (ii) by inserting , cybersecurity assistance after intellectual property protections ; (B) in paragraph (2), by adding at the end the following: (C) Staff A small business concern may, by contract or otherwise, use funding provided under this section to hire new staff, augment staff, or direct staff to conduct or participate in training activities consistent with the goals listed in paragraph (1). ; (C) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: (A) Phase I A Federal agency described in paragraph (1) shall authorize a recipient of a Phase I SBIR or STTR award to utilize not more than $6,500 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)— (i) provided through a vendor selected under paragraph (2)(A); (ii) provided through a vendor other than a vendor selected under paragraph (2)(A); (iii) achieved through the activities described in paragraph (2)(C); or (iv) provided or achieved through any combination of clauses (i), (ii), and (iii). (B) Phase II A Federal agency described in paragraph (1) shall authorize a recipient of a Phase II SBIR or STTR award to utilize not more than $50,000 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)— (i) provided through a vendor selected under paragraph (2)(A); (ii) provided through a vendor other than a vendor selected under paragraph (2)(A); (iii) achieved through the activities described in paragraph (2)(C); or (iv) provided or achieved through any combination of clauses (i), (ii), and (iii). ; and (D) by adding at the end the following: (5) Targeted review A Federal agency may perform targeted reviews of technical and business assistance funding as described in subsection (mm)(1)(F). ; and (2) by adding at the end the following: (ww) I-Corps participation (1) In general Each Federal agency that is required to conduct an SBIR or STTR program with an Innovation Corps (commonly known as I-Corps ) program shall— (A) provide an option for participation in an I-Corps teams course by recipients of an award under the SBIR or STTR program; and (B) authorize the recipients described in subparagraph (A) to use an award provided under subsection (q) to provide additional technical assistance for participation in the I-Corps teams course. (2) Cost of participation The cost of participation by a recipient described in paragraph (1)(A) in an I-Corps course may be provided by— (A) an I-Corps team grant; (B) funds awarded to the recipient under subsection (q); (C) the participating teams or other sources as appropriate; or (D) any combination of sources described in subparagraphs (A), (B), and (C). (xx) Commercialization impact assessment (1) In general The Administrator shall coordinate with each Federal agency with an SBIR or STTR program to develop an annual commercialization impact assessment report of the Federal agency, which shall measure, for the 5-year period preceding the report— (A) for Phase II contracts— (i) the total amount of sales of new products and services to the Federal Government or other commercial markets; (ii) the total outside investment from partnerships, joint ventures, or other private sector funding sources; (iii) the total number of technologies licensed to other companies; (iv) the total number of acquisitions of small business concerns participating in the SBIR program or the STTR program that are acquired by other entities; (v) the total number of new spin-out companies; (vi) the total outside investment from venture capital or angel investments; (vii) the total number of patent applications; (viii) the total number of patents acquired; (ix) the year of first Phase I award and the total number of employees at time of first Phase I award; (x) the total number of employees from the preceding completed year; and (xi) the percent of revenue, as of the date of the report, generated through SBIR or STTR program funding; (B) the total number and value of subsequent Phase II awards, as described in subsection (bb), awarded for each particular project or technology; (C) the total number and value of Phase III awards awarded subsequent to a Phase II award; (D) the total number and value of non-SBIR and STTR program Federal awards and contracts; and (E) actions taken by the Federal agency, and the results of those actions, relating to developing a simplified and standardized application process and requirements, procedures, and model contracts throughout the Federal agency for Phase I, Phase II, and Phase III SBIR program awards in subsection (hh). (2) Publication A commercialization impact assessment report described in paragraph (1) of a Federal agency shall be— (A) included in the annual report of the Federal agency required under this section; and (B) published on the website of the Administration. (yy) Patent assistance (1) Definitions In this subsection— (A) the term low bono services means services provided at a reduced fee; and (B) the term USPTO means the United States Patent and Trademark Office. (2) Assistance The Administrator shall enter into an interagency agreement with the USPTO to assist recipients of an award under the SBIR or STTR program (in this paragraph referred to as SBIR and STTR recipients ) relating to intellectual property protection through— (A) track one processing, under which the USPTO may— (i) allocate— (I) not less than 5 percent or 500 track one requests, whichever is greater, per year to SBIR and STTR recipients on a first-come, first-served basis; and (II) not more than 2 track one requests to an individual SBIR and STTR recipient, to expedite final disposition on SBIR and STTR program patent applications; and (ii) waive the track one fee requirement for SBIR and STTR recipients; and (B) through the USPTO Patent Pro Bono Program, providing SBIR and STTR recipients— (i) pro bono services if the recipient— (I) had a total gross income of more than $150,000 but less than $5,000,000 in the preceding calendar year, and expects a total gross income of more than $150,000 but less than $5,000,000 in the current calendar year; (II) is not under any obligation to assign the rights to the invention to another entity other than the Federal Government; and (III) has not previously received USPTO pro bono or low bono services; or (ii) low bono services if the recipient— (I) had a total gross income of more than $5,000,000 but less than $10,000,000 in the preceding calendar year, and expects a total gross income of more than $5,000,000 but less than $10,000,000 in the current calendar year; (II) is not under any obligation to assign the rights to the invention to another entity other than the Federal Government; and (III) has not previously received USPTO pro bono or low bono services. (3) Outreach The Administrator shall coordinate with the USPTO to provide outreach regarding the pro se assistance program and scam prevention services of the USPTO. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3109is/xml/BILLS-117s3109is.xml
|
117-s-3110
|
II 117th CONGRESS 1st Session S. 3110 IN THE SENATE OF THE UNITED STATES October 28, 2021 Ms. Ernst (for herself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Management and Budget to issue guidance relating to reporting by agencies on Federal financial assistance programs that do not provide Federal financial assistance during the 1-year period preceding the date of the report.
1. Short title This Act may be cited as the Zombie Programs Survival Guide Act . 2. Guidance for agencies (a) Definitions (1) Covered agency The term covered agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title, 44, United States Code. (2) Federal financial assistance; program The terms Federal financial assistance and program have the meaning given those terms in section 1122(a) of title 31, United States Code. (3) Relevant report The term relevant report means— (A) a report described in section 3516(a)(2) of title 31, United States Code; or (B) the consolidated report described in section 3516(a)(1) of title 31, United States Code. (b) Guidance Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance that requires the head of each covered agency to include, on an annual basis, in a relevant report— (1) a list of each program and revolving fund of the covered agency that— (A) provides Federal financial assistance; and (B) did not provide Federal financial assistance during the 1-year period preceding the date of the report; (2) an explanation of why each program or revolving fund described in paragraph (1) did not award Federal financial assistance during the 1-year period preceding the date of the report; and (3) the amount of budget authority available for each program or revolving fund described in paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-117s3110is/xml/BILLS-117s3110is.xml
|
117-s-3111
|
II 117th CONGRESS 1st Session S. 3111 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Cornyn (for himself, Mr. Coons , Mr. Cassidy , Mr. Heinrich , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel.
1. Short title This Act may be cited as the Hydrogen for Ports Act of 2021 . 2. Maritime modernization grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity described in subsection (d). (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Low-income or disadvantaged community The term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (4) Program The term program means the program established under subsection (b). (5) Secretary The term Secretary means the Secretary of Energy. (b) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for— (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate— (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (c) Goals The goals of the program shall be— (1) to demonstrate fuel cell, hydrogen, or ammonia technologies in maritime and associated logistics applications; (2) to assist in the development and validation of technical targets for hydrogen, ammonia, and fuel cell systems for maritime and associated logistics applications; (3) to benchmark the conditions required for broad commercialization of hydrogen, ammonia, and fuel cell technologies in maritime and associated logistics applications; (4) to assess the operational and technical considerations for installing, constructing, and using hydrogen- or ammonia-fueled equipment and supporting infrastructure at ports; and (5) to reduce emissions and improve air quality in areas in and around ports. (d) Eligible entities (1) In general An entity eligible to receive a grant under the program is— (A) a State; (B) a political subdivision of a State; (C) a local government; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a special purpose district with a transportation function; (F) an Indian Tribe or a consortium of Indian Tribes; (G) a multistate or multijurisdictional group of entities described in any of subparagraphs (A) through (F); or (H) subject to paragraph (2), a private entity or group of private entities, including the owners or operators of 1 or more facilities at a port. (2) Joint eligibility with private entities A private entity or group of private entities is eligible for a grant under the program if— (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. (e) Applications (1) In general An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement The application of an eligible entity described in subparagraph (H) of subsection (d)(1) shall be submitted jointly with an entity described in subparagraphs (A) through (G) of that subsection. (f) Considerations In providing grants under the program, the Secretary, to the maximum extent practicable, shall— (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will— (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. (g) Priority In selecting eligible entities to receive a grant under the program, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (h) Leak detection Each eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. 3. Study (a) In general The Secretary of Energy, in consultation with the Secretary of Transportation and the Secretary of Homeland Security, shall conduct, and submit to Congress a report describing the results of, a study— (1) to fully address the challenges to ensure the safe use and handling of hydrogen, ammonia, and other hydrogen-based fuels on vessels and in ports; (2) to identify, compare, and evaluate the feasibility of, the safety, environmental, and health impacts of, and best practices with respect to, the use of hydrogen-derived fuels, including ammonia, as a shipping fuel; (3) to identify and evaluate considerations for hydrogen and ammonia storage, including— (A) at ports; (B) on board vessels; and (C) for subsea hydrogen storage; and (4) to assess the cost and value of a hydrogen or ammonia strategic reserve, either as a new facility or as a modification to the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (b) Requirements In carrying out subsection (a), the Secretary of Energy, the Secretary of Transportation, and the Secretary of Homeland Security shall— (1) take into account lessons learned from demonstration projects in other industries, including— (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in maritime and associated logistics applications.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3111is/xml/BILLS-117s3111is.xml
|
117-s-3112
|
II 117th CONGRESS 1st Session S. 3112 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Coons (for himself, Mr. Cornyn , Mr. Cassidy , Mr. Heinrich , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 2005 to establish a Hydrogen Technologies for Heavy Industry Grant Program, and for other purposes.
1. Short title This Act may be cited as the Hydrogen for Industry Act of 2021 . 2. Hydrogen Technologies for Heavy Industry Grant Program (a) Emission reduction program Subtitle F of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16291 et seq. ) is amended by adding at the end the following: 969E. Hydrogen technologies for heavy industry grant program (a) Definition of low-Income or disadvantaged community The term low-income or disadvantaged community means a community (including a city, town, county, or reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (b) Program Not later than 180 days after the date of enactment of the Hydrogen for Industry Act of 2021 , the Secretary shall establish a program, to be known as the Hydrogen Technologies for Heavy Industry Grant Program (referred to in this section as the Program ), under which the Secretary shall award grants to demonstrate industrial end-use applications of hydrogen for— (1) iron, steel, and metals manufacturing; (2) cement manufacturing; (3) glass manufacturing; (4) ammonia and fertilizer production; (5) industrial food processes; (6) production of synthetic fuels from hydrogen, including with carbon oxides; (7) fuel refining, including biorefining; (8) chemical synthesis, including synthesis of methanol and ethylene; (9) process heaters, including hydrogen combustion with environmental controls; and (10) any other use of hydrogen for heavy industry, as determined by the Secretary. (c) Purpose The purpose of the Program is to support the adoption of hydrogen as an emissions reduction technology for heavy industry, including in applications where hydrogen is blended with other fuels or feedstocks. (d) Demonstration projects and other authorized projects (1) In general The Secretary shall provide grants to commercial-scale demonstration projects for end-use applications of hydrogen and other authorized projects, as described in paragraph (5). (2) Amount of grant The amount of a grant provided under this subsection shall be not more than $400,000,000. (3) Application An entity seeking a grant to conduct a demonstration project or other authorized project under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the manner in which the project— (A) will contribute to the reduction of carbon emissions at the applicable facility; and (B) in the case of a project for industrial end-use application that already uses hydrogen at scale, will reduce or avoid emissions of greenhouse gases. (4) Selection (A) Limitations The Secretary shall only provide a grant under this subsection after reviewing each applicant and application under paragraph (3) with respect to— (i) the financial strength of the applicant; (ii) the proposed construction schedule; (iii) the market risk of the technology that the applicant seeks to demonstrate, as applicable; and (iv) the contractor history of the applicant. (B) Priority In providing grants under this subsection, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (C) Other considerations In providing grants under this subsection, the Secretary shall, to the maximum extent practicable, award grants for projects that— (i) represent a variety of end uses of hydrogen; (ii) will use at least 50 percent hydrogen blends; (iii) will generate the greatest benefit to low-income or disadvantaged communities; and (iv) will maximize creation or retention of domestic jobs and provide the highest job quality. (5) Authorized projects Grant amounts provided under this subsection may be used— (A) to carry out demonstration projects for end uses of hydrogen; (B) to construct a new commercial-scale facility that will use hydrogen as a fuel or feedstock; or (C) to retool, retrofit, or expand an existing facility determined to be qualified by the Secretary to enable use of hydrogen as a fuel or feedstock in industrial end-use applications of hydrogen, including at multiple points within a larger facility. (6) Requirements A demonstration project receiving a grant under this subsection shall— (A) use technologies that have completed pilot-scale testing or the equivalent, as determined by the Secretary; (B) on completion, demonstrate hydrogen technologies used by heavy industry; and (C) conduct hydrogen leakage monitoring, reporting, and verification programs and leak detection and repair programs. (7) Cost sharing The non-Federal share of the cost of a demonstration project carried out using a grant under this subsection shall be not less than 20 percent. (8) Engineering and design studies The Secretary may fund front-end engineering and design studies in addition to, or in advance of, providing a grant for a demonstration project or other authorized project under this subsection. (e) Applicability No technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act ( 42 U.S.C. 7411 ), achievable for purposes of best available control technologies (as defined in section 169 of that Act ( 42 U.S.C. 7479 )), or achievable in practice for purposes of the terms defined in section 171 of that Act ( 42 U.S.C. 7501 ) solely by reason of the identification of that technology or level of emission reduction in programs established under this Act. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $1,200,000,000 for the period of fiscal years 2022 through 2026. . (b) Clerical amendment The table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 600) is amended by inserting after the item relating to section 969D the following: Sec. 969E. Hydrogen Technologies for Heavy Industry Grant Program. . 3. Study (a) In general Not later than 270 days after the date of enactment of this Act, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Transportation shall jointly conduct and submit to Congress a report describing the results of a study— (1) to examine the potential for emissions reductions at industrial facilities through hydrogen applications, including— (A) the potential use of levelized cost of carbon abatement, or a similar metric, in analyzing industrial uses of hydrogen; and (B) the feasibility and impact of incorporating levelized cost of carbon abatement to compare the costs of technology options to reduce emissions across a range of industrial applications; (2) to fully address existing challenges with respect to ensuring the safe use and handling of hydrogen and hydrogen-based fuels in industrial systems, including health and environmental impacts associated with the leakage of hydrogen and hydrogen carriers; (3) to identify and evaluate the feasibility, safety, and best practices of the use of hydrogen and ammonia as industrial fuel and feedstock; (4) to examine the feasibility of blending increasing levels of hydrogen with natural gas to supplement process heat requirements; (5) to examine the environmental impacts of hydrogen combustion in hydrogen-fueled gas turbines as pure hydrogen or at different ratios if used in blended fuel; and (6) to identify and evaluate considerations for transport and storage of hydrogen and hydrogen carriers, including— (A) at industrial facilities; (B) in salt caverns, hard rock caverns, and other dedicated geological storage systems; and (C) in pipelines. (b) Requirements In conducting the study under subsection (a), the Secretary of Energy and the Secretary of Commerce shall— (1) take into account lessons learned from demonstration projects in other industries and projects in other countries; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in industrial applications.
|
https://www.govinfo.gov/content/pkg/BILLS-117s3112is/xml/BILLS-117s3112is.xml
|
117-s-3113
|
II 117th CONGRESS 1st Session S. 3113 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Sullivan (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Attorney General to make grants to State and Tribal courts in order to allow the electronic service of certain court orders, and for other purposes.
1. Short title This Act may be cited as the Electronic Service for Effectiveness, Reduction of Violence, and Improved Court Efficiency Act of 2021 or the E-SERVICE Act . 2. Grants to State and Tribal courts to implement protection order pilot programs Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 et seq. ) is amended— (1) by redesignating sections 2103, 2104, and 2105 as sections 2104, 2105, and 2106, respectively; and (2) by inserting after section 2102 the following: 2103. Grants to State and Tribal courts to implement protection order pilot programs (a) Definition of eligible entity In this section, the term eligible entity means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable— (1) a State, Tribal, or local law enforcement agency; (2) a State, Tribal, or local prosecutor advocate group; (3) a victim service provider or State or Tribal domestic violence coalition; (4) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault; (5) the bar association of the applicable State or Indian Tribe; (6) the State or Tribal association of court clerks; (7) a State, Tribal, or local association of criminal defense attorneys; (8) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration; (9) not fewer than 2 State or Tribal court judges with experience in— (A) the field of domestic violence; and (B) issuing protective orders; and (10) a judge assigned to the criminal docket of the State or Tribal court. (b) Grants authorized (1) In general In addition to grants authorized under section 2101, the Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section. (2) Number The Attorney General may award not more than 10 grants under paragraph (1). (3) Amount The amount of a grant awarded under paragraph (1) may be not more than $1,500,000. (c) Mandatory activities (1) In general An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners required under subsection (a), to— (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to— (i) modernize the service process and make the process more effective and efficient; (ii) provide for improved safety of victims; and (iii) make protection orders enforceable as quickly as possible; (B) develop best practices relating to the service of protection orders through electronic communication methods; (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and (D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party. (2) Timeline An eligible entity that receives a grant under this section shall— (A) implement the program required under paragraph (1)(A) not later than 2 years after receiving the grant; and (B) carry out the program for not fewer than 3 years. (d) Diversity of recipients The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including— (1) a State court that serves a population of not fewer than 1,000,000 individuals; (2) a State court that— (A) serves a State that is among the 7 States with the lowest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (3) a State court that— (A) serves a State that is among the 7 States with the highest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (4) a court that uses an integrated, statewide case management system; (5) a court that uses a standalone case management system; (6) a Tribal court; and (7) a court that serves a culturally specific and underserved population. (e) Application (1) In general An eligible entity shall submit an application to the Attorney General that includes— (A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application; (B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of— (i) successful service; and (ii) enforcement; (C) an initial list of the entities serving as the partners required under subsection (a); and (D) any other information the Attorney General may reasonably require. (2) No other application required An eligible entity shall not be required to submit an application under section 2102 to receive a grant under this section. (f) Technical assistance Notwithstanding section 40002(b)(11) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(11) ), as applied under section 2106 of this part, not less than 5 percent and not more than 8 percent of the total amounts appropriated to carry out this section shall be available to the Attorney General for technical assistance relating to the purposes of this section. (g) Report to Attorney General (1) Initial report Not later than 2 years after receiving a grant under this section, an eligible entity shall submit to the Attorney General a report that details the plan of the entity for implementation of the program under subsection (c). (2) Subsequent reports (A) In general Not later than 1 year after implementing the program under subsection (c), and not later than 2 years thereafter, an eligible entity shall submit to the Attorney General a report that describes the program implemented under subsection (c), including with respect to— (i) viability; (ii) cost; (iii) service statistics; (iv) challenges; (v) analysis of the technology used to fulfill the goals of the program; (vi) analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and (vii) best practices for implementing such a program in other similarly situated locations. (B) Contents of final report An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for— (i) future nationwide implementation of the program implemented by the eligible entity; and (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost. (h) No regulations or guidelines required Notwithstanding section 2105, the Attorney General shall not be required to publish regulations or guidelines implementing this section. (i) Authorization of appropriations In addition to amounts otherwise made available to carry out this part, there is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2022 through 2027. .
|
https://www.govinfo.gov/content/pkg/BILLS-117s3113is/xml/BILLS-117s3113is.xml
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.