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pdfPUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 49
Public Law 117–103
117th Congress
An Act
Making consolidated appropriations for the fiscal year ending September 30, 2022,
and for providing emergency assistance for the situation in Ukraine, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
Mar. 15, 2022
[H.R. 2471]
Consolidated
Appropriations
Act, 2022.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2022’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Adjustments to compensation.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
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DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
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PUBL103
136 STAT. 50
PUBLIC LAW 117–103—MAR. 15, 2022
Title IV—Independent Agencies
Title V—General Provisions
Title
Title
Title
Title
Title
Title
Title
Title
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2022
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia
DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2022
Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2022
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION M—COVID SUPPLEMENTAL APPROPRIATIONS ACT, 2022
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DIVISION N—UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS
Title I—Flood Insurance
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
Title
Title
Title
Title
136 STAT. 51
II—Immigration Extensions
III—Livestock Reporting Extension
IV—TVPA Extension
V—Budgetary Effects
DIVISION P—HEALTH PROVISIONS
DIVISION Q—CONSUMER PROTECTION
DIVISION R—FAFSA SIMPLIFICATION
DIVISION S—VETERANS MATTERS
DIVISION T—CREDIT UNION GOVERNANCE MODERNIZATION ACT
DIVISION U—ADJUSTABLE INTEREST RATE (LIBOR) ACT
DIVISION V—HAITI DEVELOPMENT, ACCOUNTABILITY, AND
INSTITUTIONAL TRANSPARENCY INITIATIVE ACT
DIVISION W—VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT
OF 2022
DIVISION X—INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022
DIVISION Y—CYBER INCIDENT REPORTING FOR CRITICAL
INFRASTRUCTURE ACT OF 2022
DIVISION Z—ISRAEL RELATIONS NORMALIZATION ACT OF 2022
DIVISION AA—TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP
PROGRAM
DIVISION BB—EB–5 REFORM AND INTEGRITY ACT OF 2022
DIVISION CC—BURIAL EQUITY FOR GUARDS AND RESERVES ACT
DIVISION DD—AUTHORIZATION OF APPROPRIATIONS FOR HIGH
TECHNOLOGY PILOT PROGRAM
DIVISION EE—EXTENSION OF VISA WAIVER PROGRAM FEES
DIVISION FF—AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND
USA
DIVISION GG—COOPERATIVE PROJECT AGREEMENT
DIVISION HH—OTHER MATTERS
Title
Title
Title
Title
Title
I—Continuing Education at Affected Foreign Institutions
II—NASA Enhanced-Use Lease Extension Act of 2022
III—CARES Act Semiannual Testimony
IV—Hidden Figures Congressional Gold Medal
V—Congressional Oversight of Sensitive Programs Not Covered by Other Provisions of Law
Title VI—Firefighter Pay
SEC. 3. REFERENCES.
1 USC 1 note.
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.
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SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about March 9,
2022, and submitted by the chair of the Committee on Appropriations of the House, shall have the same effect with respect to
the allocation of funds and implementation of divisions A through
L of this Act as if it were a joint explanatory statement of a
committee of conference.
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PUBL103
136 STAT. 52
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2022.
2 USC 4501 note.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2022.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2022.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH,
OFFICE
OF THE
AND
MARKETING
SECRETARY
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(INCLUDING TRANSFERS OF FUNDS)
Reimbursements.
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For necessary expenses of the Office of the Secretary,
$54,710,000, of which not to exceed $7,203,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,353,000
shall be available for the Office of Homeland Security; not to exceed
$2,215,000 shall be available for the Office of Tribal Relations;
not to exceed $7,044,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for
7 U.S.C. 2279(c)(5); not to exceed $24,931,000 shall be available
for the Office of the Assistant Secretary for Administration, of
which $23,282,000 shall be available for Departmental Administration to provide for necessary expenses for management support
services to offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the
practical and efficient work of the Department: Provided, That
funds made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office; not to exceed
$4,480,000 shall be available for the Office of Assistant Secretary
for Congressional Relations and Intergovernmental Affairs to carry
out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch;
and not to exceed $7,484,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture 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 5 percent:
Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the amount made available under
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 53
this heading for Departmental Administration shall be reimbursed
from applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C. 551–
558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs shall be transferred to
agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That
no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after
30 days from the date of enactment of this Act, unless the Secretary
has notified the Committees on Appropriations of both Houses
of Congress on the allocation of these funds by USDA agency:
Provided further, That during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture
shall take no action to begin implementation of the action that
is subject to section 716 of this Act or make any public announcement of such action in any form.
Time period.
Notification.
Notification.
Time period.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$27,199,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That
of the amounts made available under this heading, $500,000 shall
be available to carry out section 224 of subtitle A of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as
amended by section 12504 of Public Law 115–334.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$16,173,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $11,337,000.
OFFICE
OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $84,746,000, of which not less than $69,672,000 is for
cybersecurity requirements of the department.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $7,118,000.
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OFFICE
OF THE
ASSISTANT SECRETARY
FOR
CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $1,426,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
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PUBL103
136 STAT. 54
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
For necessary
$35,328,000.
CIVIL RIGHTS
OF
expenses
of
the
AGRICULTURE BUILDINGS
Office
AND
of
Civil
Rights,
FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $108,397,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $7,540,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE
OF
SAFETY, SECURITY,
AND
PROTECTION
For necessary expenses of the Office of Safety, Security, and
Protection, $23,306,000.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $106,309,000, including
such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
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OFFICE
OF THE
GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$57,268,000.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
OF
136 STAT. 55
ETHICS
For necessary expenses of the Office of Ethics, $4,277,000.
OFFICE
OF THE
UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS
AND
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $3,327,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office: Provided further, That of the amounts made available
under this heading, $1,000,000 shall be made available for the
Office of the Chief Scientist.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$87,794,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $190,162,000, of which up to $46,850,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
Surveys.
AGRICULTURAL RESEARCH SERVICE
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SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,633,496,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a cost
not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
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7 USC 2254.
7 USC 2254.
Contracts.
PUBL103
136 STAT. 56
Maryland.
Easements.
Easements.
PUBLIC LAW 117–103—MAR. 15, 2022
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$127,805,000 to remain available until expended, of which
$20,000,000 shall be allocated for ARS facilities co-located with
university partners, and of which $62,400,000 shall be for the
purposes, and in the amounts, specified for this account in the
table titled ‘‘Community Project Funding/Congressionally Directed
Spending’’ in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), in accordance with applicable statutory and regulatory requirements.
NATIONAL INSTITUTE
OF
FOOD
AND
AGRICULTURE
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RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $1,046,244,000, which shall be for the purposes, and
in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Research and Education Activities’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education
equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 57
eligible to receive funds under the Evans-Allen program receives
no less than $1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving institutions
be made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native
and Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2023: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
Grants.
Alaska.
Hawaii.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $550,605,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for extension
services at 1994 institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided further,
That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b)
and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section
208(c) of Public Law 93–471 shall be available for retirement and
employees’ compensation costs for extension agents.
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INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs,
including
necessary
administrative
expenses,
$40,000,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2023:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
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PUBL103
136 STAT. 58
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
OF THE
UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS
AND
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,577,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ANIMAL
AND
PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
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(INCLUDING TRANSFERS OF FUNDS)
Determination.
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For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,110,218,000 of which up to $3,474,000 shall
be for the purposes, and in the amounts, specified for this account
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), in accordance with applicable statutory and regulatory requirements; of which $491,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant diseases,
animal diseases and for control of pest animals and birds (‘‘contingency fund’’) to the extent necessary to meet emergency conditions;
of which $14,725,000, to remain available until expended, shall
be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of
which $38,486,000, to remain available until expended, shall be
for Animal Health Technical Services; of which $3,040,000 shall
be for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $63,833,000, to
remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
$209,553,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until
September 30, 2023, shall be for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening; of which, $11,137,000, to remain available until expended, shall be for field crop and rangeland ecosystem
pests; of which $20,282,000, to remain available until expended,
shall be for zoonotic disease management; of which $42,021,000,
to remain available until expended, shall be for emergency
preparedness and response; of which $61,217,000, to remain available until expended, shall be for tree and wood pests; of which
$5,751,000, to remain available until expended, shall be for the
National Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended,
shall be for the wildlife damage management program for aviation
safety: Provided, That any of the funds described in the ‘‘Community
Project Funding/Congressionally Directed Spending’’ table in the
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136 STAT. 59
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) that the Secretary determines will not be obligated during the fiscal year shall not be
subject to the direction provided in such table: Provided further,
That of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under this
heading for the screwworm program, $4,990,000 shall remain available until expended; of which $24,307,000, to remain available
until expended, shall be used to carry out the science program
and transition activities for the National Bio and Agro-defense
Facility located in Manhattan, Kansas: Provided further, That no
funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the purchase,
replacement, operation, and maintenance of aircraft: Provided further, That in addition, in emergencies which threaten any segment
of the agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds available
to the agencies or corporations of the Department such sums as
may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease
or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2022, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.
Brucellosis
eradication.
Fees.
Reimbursement.
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BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
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136 STAT. 60
PUBLIC LAW 117–103—MAR. 15, 2022
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
Fees.
For necessary expenses of the Agricultural Marketing Service,
$226,657,000, of which $7,000,000 shall be available for the purposes of section 12306 of Public Law 113–79: Provided, That of
the amounts made available under this heading, $25,000,000, to
remain available until expended, shall be to carry out section 12513
of Public Law 115–334, of which $23,000,000 shall be for dairy
business innovation initiatives established in Public Law 116–6
and the Secretary shall take measures to ensure an equal distribution of funds between these three regional innovation initiatives:
Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings
and improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Notification.
Not to exceed $61,786,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $20,817,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
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PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
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136 STAT. 61
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE
OF THE
UNDER SECRETARY
FOR
Notification.
FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,077,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY
AND INSPECTION
SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,108,664,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2022 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Employment
positions.
Continuation.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
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OFFICE
OF THE
UNDER SECRETARY FOR FARM PRODUCTION
CONSERVATION
AND
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,687,000: Provided, That
funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
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136 STAT. 62
PUBLIC LAW 117–103—MAR. 15, 2022
FARM PRODUCTION
AND
CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conservation Business Center, $238,177,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Notification.
Expenditure
plan.
Cost estimates.
Review.
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Reports.
Assessment.
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For necessary expenses of the Farm Service Agency,
$1,173,070,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2023: Provided, That
not more than 50 percent of the funding made available under
this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress: Provided
further, That the agency shall submit a report by the end of the
fourth quarter of fiscal year 2022 to the Committees on Appropriations and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics,
(c) current performance against a pre-established cost baseline,
(d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of
whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities,
and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered
by the Agency: Provided further, That other funds made available
to the Agency for authorized activities may be advanced to and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 63
merged with this account: Provided further, That funds made available to county committees shall remain available until expended:
Provided further, That none of the funds available to the Farm
Service Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to the
Farm Service Agency shall be used to permanently relocate county
based employees that would result in an office with two or fewer
employees without prior notification and approval of the Committees
on Appropriations of both Houses of Congress.
Notification.
Advance
approval.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $7,000,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under
section 1621 of the Food Conservation, and Energy Act of 2008
(7 U.S.C. 8792), $3,000,000, to remain available until expended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$2,800,000,000 for farm ownership direct loans; $2,118,482,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $37,668,000; Indian tribe
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136 STAT. 64
Pink bollworm.
Notification.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $61,425,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $40,017,000
for direct farm operating loans, $16,524,000 for unsubsidized
guaranteed farm operating loans, $267,000 for emergency loans,
$5,000,000 for the relending program, and $407,000 for Indian
highly fractionated land loans, to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $314,772,000: Provided, That of this amount, $294,114,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$62,707,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
NATURAL RESOURCES CONSERVATION SERVICE
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CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $904,396,000,
to remain available until September 30, 2023, of which up to
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 65
$19,611,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in accordance with applicable statutory and regulatory requirements: Provided, That any of the funds described
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act) that the Secretary determines will not be obligated during
the fiscal year shall not be subject to the direction provided in
such table: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further, That
of the total amount available under this heading, $8,500,000 shall
be for necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A
of title II of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6923), as amended by section 12302 of Public
Law 115–334: Provided further, That of the total amount available,
$7,000,000 shall remain available until expended for necessary
expenses to carry out the Healthy Forests Reserve Program under
the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6571–6578).
Determination.
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WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$100,000,000, to remain available until expended, of which up to
$23,275,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in accordance with applicable statutory and regulatory requirements: Provided, That for funds provided by this
Act or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty
thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of
flood prevention (including structural and land treatment measures): Provided further, That of the amounts made available under
this heading, $10,000,000 shall be allocated to projects and activities
that can commence promptly following enactment; that address
regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or
watershed protection; or that address authorized ongoing projects
under the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78–534) with a primary purpose
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Applicability.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion
and sediment transport: Provided further, That of the amounts
made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C. 1001–
1005 and 1007–1009 for authorized ongoing watershed projects
with a primary purpose of providing water to rural communities.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $1,000,000 is provided.
CORPORATIONS
Contracts.
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
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(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 67
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE
OF THE
UNDER SECRETARY
FOR
RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,580,000: Provided, That funds made
available by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements;
$300,285,000: Provided, That of the amount made available under
this heading, up to $5,000,000 shall be for the StrikeForce activities
of the Department of Agriculture, and may be transferred to agencies of the Department for such purpose, consistent with the missions and authorities of such agencies: Provided further, That notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)),
any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,250,000,000 shall be for direct loans and
$30,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $50,000,000 for
section 515 rental housing; $250,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 selfhelp housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $23,250,000
shall be for direct loans; section 504 housing repair loans, $484,000;
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Fees.
Deadline.
Incentives.
Determination.
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Contracts.
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PUBLIC LAW 117–103—MAR. 15, 2022
section 523 self-help housing land development loans, $55,000; section 524 site development loans, $206,000; and repair, rehabilitation, and new construction of section 515 rental housing, $4,470,000:
Provided, That to support the loan program level for section 538
guaranteed loans made available under this heading the Secretary
may charge or adjust any fees to cover the projected cost of such
loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans
may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541
of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated
as living in a rural area for purposes of section 502 guaranteed
loans provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct loans,
no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded
with a mutual and self-help housing grant authorized by section
523 of the Housing Act of 1949 until June 1, 2022: Provided further,
That the Secretary shall implement provisions to provide incentives
to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in the
RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not
be limited to, the following: allow such nonprofit entities and public
housing authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax credit
syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement
of organizational costs associated with owner’s oversight of asset
referred to as ‘‘Asset Management Fee’’ of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including
the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $34,000,000, to remain available until
expended, for a demonstration program for the preservation and
revitalization of the sections 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family
housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial
assistance including advances, payments and incentives (including
the ability of owners to obtain reasonable returns on investment)
required by the Secretary: Provided, That the Secretary shall, as
part of the preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the restructuring: Provided further, That any balances, including obligated
balances, available for all demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi-family
rental housing properties in the ‘‘Multi-Family Housing Revitalization Program Account’’ shall be transferred to and merged with
this account, and shall also be available for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties, including the restructuring of existing USDA
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136 STAT. 69
multi-family housing loans: Provided further, That following the
transfer of balances described in the preceding proviso, any adjustments to obligations for demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi-family
rental housing properties that would otherwise be incurred in the
‘‘Multi-Family Housing Revitalization Program Account’’ shall be
made in this account from amounts transferred to this account
under the preceding proviso.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $12,831,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred
to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
Time periods.
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RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,450,000,000, of which
$40,000,000 shall be available until September 30, 2023; and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such oneyear agreements may be transferred and used for purposes of any
debt reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2022
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2022 for a project that
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Applicability.
Determination.
PUBL103
136 STAT. 70
PUBLIC LAW 117–103—MAR. 15, 2022
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
RURAL HOUSING VOUCHER ACCOUNT
Applicability.
Transfer
authority.
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $45,000,000, to remain available until
expended: Provided, That the funds made available under this
heading shall be available for rural housing vouchers to any lowincome household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided further,
That funds made available for such vouchers shall be subject to
the availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable, administer
such vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading: Provided
further, That any obligated or unobligated balances for the rural
housing voucher program in the ‘‘Multi-Family Housing Revitalization Program Account’’ shall be transferred to and merged with
this account and available for the rural housing voucher program.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $48,000,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
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136 STAT. 71
Act, $239,449,000, to remain available until expended, of which
up to $183,448,714 shall be for the purposes, and in the amounts,
specified for this account in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act) in accordance with applicable statutory
and regulatory requirements except for 7 CFR §3570.61(c): Provided,
That $6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop
the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas:
Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior year
appropriations under this heading for the cost of direct loans, loan
guarantees and grants, including amounts deobligated or cancelled,
may be made available to cover the subsidy costs for direct loans
and or loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available pursuant
to the preceding proviso 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: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
Loans.
Grants.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $73,125,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
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PUBL103
136 STAT. 72
PUBLIC LAW 117–103—MAR. 15, 2022
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, $2,000,000 shall be for
the Rural Innovation Stronger Economy Grant Program (7 U.S.C.
2008w): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $1,524,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $167,000 shall be available through June 30, 2022, for
Federally Recognized Native American Tribes; and of which
$305,000 shall be available through June 30, 2022, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): 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.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed
$10,000,000.
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RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $27,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000, to
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 73
remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For gross obligations for the principal amount of direct loans
as authorized by section 379E of the Consolidated Farm and Rural
Development Act (U.S.C. 2008s), $150,000,000.
For the cost of grants, $6,500,000 under the same terms and
conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
RURAL ENERGY FOR AMERICA PROGRAM
For the cost of a program of loan guarantees and grants,
under the same terms and conditions as authorized by section
9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107), $12,920,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Loans.
HEALTHY FOOD FINANCING INITIATIVE
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206
of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in
underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities, $5,000,000, to remain available
until expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
Loans.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,400,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $653,307,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
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PUBL103
136 STAT. 74
Alaska.
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Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105–83: Provided further, That not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $20,762,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for highenergy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged
with the Rural Utilities Service, High Energy Cost Grants Account:
Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 75
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as authorized by sections 4, 305, 306, and 317 of the Rural Electrification
Act of 1936 (7 U.S.C. 904, 935, 936, and 940g) shall be made
as follows: loans made pursuant to sections 4(c), 305(d)(2), 306,
and 317, notwithstanding 317(c) and 4(c)(2), of that Act, rural
direct electric loans, $6,500,000,000; guaranteed underwriting loans
pursuant to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications
loans, and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $690,000,000: Provided, That up
to $2,000,000,000 shall be used for the construction, acquisition,
design and engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize carbon
subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2)
of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)),
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $2,070,000.
In addition, $11,500,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency
measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
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DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $62,510,000,
to remain available until expended, of which up to $2,510,000
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), in accordance with applicable statutory and regulatory requirements: Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided under
this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities
that meet all of the eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $2,272,000, to remain
available until expended: Provided, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
For the broadband loan and grant pilot program established
by section 779 of division A of the Consolidated Appropriations
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Grants.
PUBL103
136 STAT. 76
Grants.
Requirements.
PUBLIC LAW 117–103—MAR. 15, 2022
Act, 2018 (Public Law 115–141) under the Rural Electrification
Act of 1936, as amended (7 U.S.C. 901 et seq.), $436,605,000,
to remain available until expended, of which up to $36,604,792
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), in accordance with applicable statutory and regulatory requirements: Provided, That the Secretary may award grants described
in section 601(a) of the Rural Electrification Act of 1936, as amended
(7 U.S.C. 950bb(a)) for the purposes of carrying out such pilot
program: Provided further, That the cost of direct loans shall be
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to
be served by a project receiving a loan or grant under the pilot
program shall be in a rural area without sufficient access to
broadband: Provided further, That for purposes of such pilot program, a rural area without sufficient access to broadband shall
be defined as twenty-five megabytes per second downstream and
three megabytes per second upstream: Provided further, That to
the extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred megabytes per second downstream, and twenty megabytes per second
upstream: Provided further, That an entity to which a loan or
grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the
Rural Utilities Service unless such service is not provided sufficient
access to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made available
in this paragraph can be used for administrative costs to carry
out the pilot program and up to three percent of funds made
available in this paragraph may be available for technical assistance
and pre-development planning activities to support the most rural
communities: Provided further, That the Rural Utilities Service
is directed to expedite program delivery methods that would implement this paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice, reporting and
service area assessment requirements set forth in section 701 of
the Rural Electrification Act (7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
TITLE IV
DOMESTIC FOOD PROGRAMS
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OFFICE
OF THE
UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES
For necessary expenses of the
for Food, Nutrition, and Consumer
That funds made available by this
Nutrition and Consumer Services
expenses are available to fund up
staff for the Office.
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AND
Office of the Under Secretary
Services, $1,327,000: Provided,
Act to an agency in the Food,
mission area for salaries and
to one administrative support
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
FOOD
AND
136 STAT. 77
NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
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(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $26,883,922,000 to remain available
through September 30, 2023, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $18,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $15,607,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $12,000,000 shall remain available until expended to
carry out section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)): Provided further, That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year 2022
shall not exceed $500,000: Provided further, That of the total
amount available, $30,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value
of greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment, maintenance,
or expansion of the school breakfast program: Provided further,
That of the total amount available, $45,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111–80): Provided further,
That of the total amount available, $2,000,000 shall remain available until expended to carry out activities authorized under subsections (a)(2) and (e)(2) of section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)):
Provided further, That of the total amount available, $6,000,000
shall be available until September 30, 2023 to carry out section
23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$2,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa: Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended
in the first sentence by striking ‘‘2010 through 2022’’ and inserting
‘‘2010 through 2023’’: Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3))
is amended in the first sentence by striking ‘‘For fiscal year 2021’’
and inserting ‘‘For fiscal year 2022’’: Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended in the first sentence by striking
‘‘For fiscal year 2021’’ and inserting ‘‘For fiscal year 2022’’.
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PUBL103
136 STAT. 78
PUBLIC LAW 117–103—MAR. 15, 2022
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
Reimbursement.
Waiver authority.
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2023: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Workfare
requirements.
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Contracts.
Studies.
Evaluations.
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For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $140,440,868,000, of which
$3,000,000,000, to remain available through September 30, 2024,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations:
Provided further, That of the funds made available under this
heading, $3,000,000, to remain available until September 30, 2023,
shall be used to carry out section 4003(b) of Public Law 115–
334 relating to demonstration projects for tribal organizations: Provided further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and
Training under this heading shall remain available through September 30, 2023: Provided further, That funds made available under
this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2023: Provided further, That none of the
funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 79
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $440,070,000, to remain available through September
30, 2023: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2022 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2023: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance
program, $170,133,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR TRADE
AGRICULTURAL AFFAIRS
AND
FOREIGN
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $908,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS
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For necessary expenses of the Office of Codex Alimentarius,
$4,841,000, including not to exceed $40,000 for official reception
and representation expenses.
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PUBL103
136 STAT. 80
PUBLIC LAW 117–103—MAR. 15, 2022
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Reimbursement.
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $228,644,000, of which no more than
6 percent shall remain available until September 30, 2023, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,740,000,000, to remain available until
expended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
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Reimbursement.
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For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $237,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $23,700,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 81
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, which
shall be transferred to and merged with the appropriation for
‘‘Foreign Agricultural Service, Salaries and Expenses’’.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT
OF
HEALTH
AND
HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
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(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $6,095,882,000: Provided, That of the
amount provided under this heading, $1,200,129,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $243,473,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $539,656,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $40,040,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $31,641,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $24,798,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
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PUBL103
136 STAT. 82
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Determination.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2022 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2022, including any such fees collected prior to
fiscal year 2022 but credited for fiscal year 2022, shall be subject
to the fiscal year 2022 limitations: Provided further, That the Secretary may accept payment during fiscal year 2022 of user fees
specified under this heading and authorized for fiscal year 2023,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2023 for which the Secretary accepts
payment in fiscal year 2022 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,133,176,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2)
$2,115,017,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs, of which no less than $8,500,000 shall be for pilots to
increase unannounced foreign inspections and shall remain available until expended; (3) $456,882,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $254,255,000 shall be for
the Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $628,639,000 shall be for
the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $70,348,000
shall be for the National Center for Toxicological Research; (7)
$679,944,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory Affairs; (8)
$192,691,000 shall be for Rent and Related activities, of which
$53,832,000 is for White Oak Consolidation, other than the amounts
paid to the General Services Administration for rent; (9)
$235,691,000 shall be for payments to the General Services
Administration for rent; and (10) $329,239,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts that
are made available under this heading for ‘‘other activities’’, and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 83
that are not derived from user fees, $1,500,000 shall be transferred
to and merged with the appropriation for ‘‘Department of Health
and Human Services—Office of Inspector General’’ for oversight
of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
Advance
approval.
Fees.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise provided, $12,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $50,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commissioner 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 such
transfer authority is in addition to any other transfer authority
provided by law.
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Determination.
PUBL103
136 STAT. 84
PUBLIC LAW 117–103—MAR. 15, 2022
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $320,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available
until September 30, 2023, and of which not less than $4,017,000
shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission’s facilities, not to
exceed $62,000,000, to remain available until expended.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
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Notification.
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Not to exceed $84,200,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 85
TITLE VII
GENERAL PROVISIONS
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(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2022 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not increase the
Department of Agriculture’s fleet above the 2018 level unless the
Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund
for the acquisition of property, plant and equipment and for the
improvement, delivery, and implementation of Department financial, and administrative information technology services, and other
support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption
and migration, of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to
the Working Capital Fund 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:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National
Finance Center Information Technology Services Division personnel
and data center management responsibilities, and control of any
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Determination.
Notification.
Approval.
Deadline.
Advance
approvals.
Notifications.
PUBL103
136 STAT. 86
Determination.
Contracts.
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Determination.
Approvals.
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PUBLIC LAW 117–103—MAR. 15, 2022
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer
and the Chief Information Officer shall remain in the National
Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance
Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written notification of
the obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 87
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accompanying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
assistance under section 313B(a) of such Act in the same manner
as a borrower under such Act.
SEC. 709. (a) Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2023, for information technology expenses.
(b) Except as otherwise specifically provided by law, not more
than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30,
2023, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by 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.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a successor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
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Pornography.
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of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. (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.
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,391,211,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of section 32
Commodity Purchases—$36,810,000: Provided, That, of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2022, such unobligated balances
shall carryover into fiscal year 2023 and shall remain available
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2023 appropriations Act.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 89
SEC. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), 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 offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, 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 Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
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Approvals.
Deadline.
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News stories.
Notification.
Time period.
Reimbursement.
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that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the Secretary
of Health and Human Services, or the Chairman of the Commodity
Futures Trading Commission receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions
that are a result of information requested for the appropriations
hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures
Trading Commission, or non-Farm Credit Administration employee.
SEC. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration, the Chairman of the Commodity
Futures Trading Commission, and the Chairman of the Farm Credit
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136 STAT. 91
Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under this
Act including appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
SEC. 722. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$621,672,000 are hereby rescinded: 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.
SEC. 723. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.
SEC. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation of
Departmental financial management, information technology, and
other support systems necessary for the delivery of financial,
administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the
Department of Agriculture.
SEC. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ requirements of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ published by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as defined
in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ‘‘variety’’ as applied in the definition of the term ‘‘staple food’’
as defined in section 271.2 of title 7, Code of Federal Regulations,
to increase the number of items that qualify as acceptable varieties
in each staple food category so that the total number of such
items in each staple food category exceeds the number of such
items in each staple food category included in the final rule as
published on December 15, 2016: Provided, That until the Secretary
promulgates such regulatory amendments, the Secretary shall apply
the requirements regarding acceptable varieties and breadth of
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Determination.
Prisons and
prisoners.
Loans.
Notification.
Time period.
Notification.
Advance
approval.
Applicability.
Effective date.
PUBL103
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6 USC 190 note.
Audits.
Evaluation.
Public
information.
Reports.
Applicability.
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products.
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stock to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of
the Agricultural Act of 2014 (Public Law 113–79).
SEC. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 729. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect November
16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food
for animals rule with respect to the regulation of the production,
distribution, sale, or receipt of dried spent grain byproducts of
the alcoholic beverage production process.
SEC. 730. The National Bio and Agro-Defense Facility shall
be transferred this or any fiscal year hereafter without reimbursement from the Secretary of Homeland Security to the Secretary
of Agriculture.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 732. None of the funds made available by this Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act.
SEC. 733. None of the funds made available by this Act may
be used to carry out any activities or incur any expense related
to the issuance of licenses under section 3 of the Animal Welfare
Act (7 U.S.C. 2133), or the renewal of such licenses, to class B
dealers who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
SEC. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 93
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system 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 Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
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 or 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 Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
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 Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian Tribe.
SEC. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
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Definition.
Waiver request.
Public
information.
Records.
Time period.
Web posting.
Applicability.
Definition.
Lobbying.
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Applicability.
Human embryos.
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Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Program Account’’; ‘‘Rural Business-Cooperative Service—Rural Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program’’; ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’; ‘‘Rural Utilities Service—
Rural Electrification and Telecommunications Loans Program
Account’’; and ‘‘Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program’’, to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits,
any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit
by more than 10 percent: 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 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided
further, That with respect to specific activities for which program
levels have been made available by this Act that are not supported
by budget authority, the requirements of this section shall be
applied to such program level.
SEC. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemption may not go into effect.
SEC. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2023, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 740. For school years 2021–2022 and 2022–2023, none
of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 741. None of the funds made available by this Act or
any other Act may be used—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 95
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with section 7606 of the Agricultural Act of
2014 or Subtitle G of the Agricultural Marketing Act of 1946,
within or outside the State in which the hemp is grown or
cultivated.
SEC. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
SEC. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 746. There is hereby appropriated $3,000,000, to carry
out section 4208 of Public Law 115–334, including for project locations in additional regions and timely completion of required
reporting to Congress.
SEC. 747. There is hereby appropriated $4,000,000 to carry
out section 12301 of Public Law 115–334.
SEC. 748. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public
health.
SEC. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
SEC. 750. In this fiscal year, and notwithstanding any other
provision of law, ARS facilities as described in the ‘‘Memorandum
of Understanding Between the U.S. Department of Agriculture
Animal and Plant Health Inspection Service (APHIS) and the U.S.
Department of Agriculture Agricultural Research Service (ARS)
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Hemp and hemp
seeds.
Waiver authority.
Determination.
Water.
Determination.
Time period.
Determination.
Compliance
inspection.
PUBL103
136 STAT. 96
Poultry and
poultry products.
China.
Time period.
Requirement.
School lunches.
Grants.
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Concerning Laboratory Animal Welfare’’ (16–6100–0103–MU Revision 16–1) shall be inspected by APHIS for compliance with the
Animal Welfare Act and its regulations and standards.
SEC. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
SEC. 752. For school year 2022–2023, only a school food
authority that had a negative balance in the nonprofit school food
service account as of December 31, 2021, shall be required to
establish a price for paid lunches in accordance with section 12(p)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(p)).
SEC. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program that assists rural hospitals to improve longterm operations and financial health by providing technical assistance through analysis of current hospital management practices.
SEC. 754. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 755. Section 313(b) of the Rural Electrification Act of
1936, as amended (7 U.S.C. 940c(b)), shall be applied for fiscal
year 2022 and each fiscal year thereafter until the specified funding
has been expended as if the following were inserted after the
final period in subsection (b)(2): ‘‘In addition, the Secretary shall
use $425,000,000 of funds available in this subaccount in fiscal
year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115–141, shall use $255,000,000 of funds
available in this subaccount in fiscal year 2020 for an additional
amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law
115–141, shall use $104,000,000 of funds available in this subaccount in fiscal year 2021 for an additional amount for the same
purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141, and shall use
$50,000,000 of funds available in this subaccount in fiscal year
2022 for an additional amount for the same purpose and under
the same terms and conditions as funds appropriated by section
779 of Public Law 115–141.’’: Provided, That any use of such funds
shall be treated as a reprogramming of funds under section 716
of this Act: Provided further, That section 775(b) of division A
of Public Law 116–260 shall no longer apply.
SEC. 756. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 97
Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section
7209 of Public Law 115–334.
SEC. 757. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$1,000,000, to develop a public-private cooperative framework based
on open data standards for neutral data repository solutions to
preserve and share the big data generated by technological advancements in the agriculture industry and for the preservation and
curation of data in collaboration with land-grant universities.
SEC. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
any staff office or any agency from the mission area in which
it was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment of
specific legislation affirming such move.
SEC. 759. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated
under this Act or any other Act for the Watershed and Flood
Prevention Operations Program and the Watershed Rehabilitation
Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section
403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
provide technical services for such programs pursuant to section
1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
SEC. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115–141), the Secretary of Agriculture may, for
purposes of determining entities eligible to receive assistance, consider those communities which are ‘‘Areas Rural in Character’’:
Provided, That not more than 10 percent of the funds made available under the heading ‘‘Distance Learning, Telemedicine, and
Broadband Program’’ for the purposes of the pilot program established by section 779 of Public Law 115–141 may be used for
this purpose.
SEC. 761. There is hereby appropriated $24,525,000 for the
Goodfellow Federal facility, to remain available until expended,
of which $12,000,000 shall be transferred to and merged with
the appropriation for ‘‘Office of the Chief Information Officer’’, and
of which $12,525,000 shall be transferred to and merged with
the appropriation for ‘‘Food Safety and Inspection Service’’.
SEC. 762. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 763. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$300,000, for the Under Secretary for Research, Education, and
Economics to convene a blue-ribbon panel for the purpose of evaluating the overall structure of research and education through the
public and land-grant universities, including 1890 Institutions, to
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136 STAT. 98
7 USC 2146a.
Public
information.
Records.
Reports.
Time period.
Electronic
records.
Vermont.
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Fish and fishing.
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define a new architecture that can better integrate, coordinate,
and assess economic impact of the collective work of these institutions.
SEC. 764. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$5,000,000, to remain available until September 30, 2023, for a
competitive grant to an institution in the land-grant university
system to establish a Farm of the Future testbed and demonstration
site.
SEC. 765. Section 788(b) of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended to read as follows:
‘‘(b) hereafter, make publicly available via searchable database,
in their entirety without redactions except signatures, the following
records:
‘‘(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act violations and non-compliances observed by USDA officials and all
animal inventories for the current year and the preceding three
years;
‘‘(2) all final Animal Welfare Act and Horse Protection
Act enforcement records for the current year and the preceding
three years;
‘‘(3) all reports or other materials documenting any violations and non-compliances observed by USDA officials for the
current year and the preceding three years; and
‘‘(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for confidential business information that USDA could withhold under
FOIA Exemption 4.’’.
SEC. 766. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 767. There is hereby appropriated $5,000,000, to remain
available until expended, to establish a National Farm to School
Institute to provide technical and practical assistance to Farm
to School programs across the country and shall be located at
Shelburne Farms in Shelburne, VT.
SEC. 768. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2022, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
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136 STAT. 99
SEC. 769. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 770. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2022, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 771. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
SEC. 772. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 773. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ‘‘December 31,
2021’’ and inserting ‘‘December 31, 2022’’.
SEC. 774. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 775. (a) There is hereby appropriated $3,000,000, to
remain available until expended, for a pilot program for the Animal
and Plant Health Inspection Service to provide grants to State
departments of agriculture and forestry commissions in states
identified in the final environmental assessment published in the
Federal Register on September 23, 2020 (85 Fed. Reg. 59735),
to combat and treat cogongrass through established cogongrass
control programs.
(b) Not to exceed 2 percent of the funds provided under this
section shall be available for necessary costs of grant administration.
SEC. 776. Section 764(d)(3)(B) of division N of Public Law
116–260 is amended by inserting ‘‘and fiscal year 2022’’ after ‘‘fiscal
year 2021’’ and before the final period.
SEC. 777. Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter
preceding paragraph (1) by striking ‘‘section 210A(d)(2)’’ and
inserting ‘‘section 210A(d)(5)(D)’’.
SEC. 778. For an additional amount for the Office of the Secretary, $30,000,000, to remain available until expended, to establish
an Institute for Rural Partnerships: Provided, That the Secretary
shall establish a grant program and distribute the funds to three
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Termination
date.
Genetic
engineering.
21 USC 473.
7 USC 2204b–4.
PUBL103
136 STAT. 100
Reports.
7 USC 1632e.
Determination.
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California.
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PUBLIC LAW 117–103—MAR. 15, 2022
geographically diverse established land-grant universities: Provided
further, That the Institute for Rural Partnerships shall dedicate
resources to researching the causes and conditions of challenges
facing rural areas, and develop community partnerships to address
such challenges: Provided further, That administrative or other
fees shall not exceed one percent: Provided further, That such
partnership shall coordinate and publish an annual report.
SEC. 779. There is hereby appropriated $1,000,000, to remain
available until September 30, 2023, for a Cattle Contracts Library
pilot program that the Agricultural Marketing Service shall develop
and maintain within the Livestock, Poultry, and Grain Market
News Division. This program shall be similar, as determined by
the Secretary, to the swine contract library the U.S. Department
of Agriculture currently maintains pursuant to section 222 of the
Packers and Stockyards Act (7 U.S.C. 198a). The promulgation
of the regulations and administration of this section shall be made
without regard to: (1) the notice and comment provisions of section
553 of title 5; and (2) chapter 35 of title 44 (commonly known
as the ‘‘Paperwork Reduction Act’’).
SEC. 780. There is hereby appropriated $10,000,000, to remain
available until expended, for costs associated with the establishment
of an Institute of Rural Partnership, located at the University
of Vermont, Burlington, VT.
SEC. 781. Notwithstanding any provision of law that regulates
the calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act,
21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C.
601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031
et seq., for the cost of inspection services provided outside of an
establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged
pursuant to this paragraph shall be deemed as overtime pay or
holiday pay under section 1001(d) of the American Rescue Plan
Act of 2021 (Public Law 117–2, 135 Stat. 242): Provided further,
That sums received by the Secretary under this paragraph shall,
in addition to other available funds, remain available until expended
to the Secretary without further appropriation for the purpose
of funding all costs associated with FSIS inspections.
SEC. 782. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Farm Service Agency—
Agricultural Credit Insurance Fund Program Account’’, $90,000,000
are hereby rescinded.
SEC. 783. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Agriculture Buildings
and Facilities’’, $73,400,000 are hereby rescinded.
SEC. 784. (a) DESIGNATION.—The Federal building located at
1636 East Alisal Street, Salinas, California, shall be known and
designated as the ‘‘Sam Farr United States Crop Improvement
and Protection Research Center’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Sam Farr United States Crop Improvement and
Protection Research Center’’.
SEC. 785. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 101
activities pursuant to 21 U.S.C. 136a(6), and in addition to any
other funds made available for this purpose, there is appropriated,
out of any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2023, to
offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of
1990 (21 U.S.C. 136, 136a): Provided, That amounts made available
in this section shall be treated as funds collected by fees authorized
under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes
of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C.
231(f)).
SEC. 786. The matter under the heading ‘‘Department of Agriculture—Rural Development Programs—Rural Utilities Service—
Distance Learning, Telemedicine, and Broadband’’ in title I of division J of Public Law 117–58 is amended—
(1) in the eighth proviso, by striking ‘‘electric cooperatives’’
and inserting ‘‘pole owners’’ and;
(2) in the ninth proviso, by inserting a comma after ‘‘Corporations’’.
Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of 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.
SEC. 787. The Secretary shall use funds made available under
the heading ‘‘Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)’’ to increase the amount of a cashvalue voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering
and Medicine and adjusted for inflation.
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022’’.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2022
135 Stat. 1352.
Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2022.
Department of
Commerce
Appropriations
Act, 2022.
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
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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
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Time period.
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136 STAT. 102
Applicability.
Assessments.
PUBLIC LAW 117–103—MAR. 15, 2022
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, $570,000,000, 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
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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, $141,000,000,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 103
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.
Applicability.
Public
information.
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, $330,000,000
to remain available until expended, of which $45,000,000 shall
be for grants under such section 27 and $2,000,000 shall be for
grants under such section 28: Provided, That any deviation from
the amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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, $43,500,000:
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
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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 $18,000,000 shall be available for overhead expenses, including
salaries and expenses, rent, utilities, and information technology
services.
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136 STAT. 104
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$116,000,000, 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, $300,000,000:
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, $1,054,000,000, 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
Fees.
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$50,000,000, to remain available until September 30, 2023: 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.
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
UNITED STATES PATENT
AND
136 STAT. 105
TRADEMARK OFFICE
SALARIES AND EXPENSES
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(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
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Spending plan.
PUBL103
136 STAT. 106
PUBLIC LAW 117–103—MAR. 15, 2022
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), $850,000,000, 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 described in section 4 (in the matter preceding
division A of this consolidated 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,
$174,500,000, to remain available until expended, of which
$158,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $16,500,000 shall be for the Manufacturing USA Program.
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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), $205,563,000, 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
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That up to one percent of
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 107
amounts made available for the projects referenced in the preceding
proviso may be used for the administrative costs of such projects:
Provided further, That the Director of the National Institute of
Standards and Technology 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 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
Spending plan.
Budget
estimates.
Time period.
15 USC 1513b
note.
ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
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(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,
$4,157,311,000, 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,
$243,532,000 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
$4,423,843,000 provided for in direct obligations under this heading,
$4,157,311,000 is appropriated from the general fund, $243,532,000
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, $84,354,000 shall be used for
the projects, and in the amounts, specified in the table immediately
following the paragraph ‘‘NOAA Community Project Funding/NOAA
Special Projects’’ in the explanatory statement described in section
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PUBL103
136 STAT. 108
PUBLIC LAW 117–103—MAR. 15, 2022
4 (in the matter preceding division A of this consolidated 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 described in section 4 (in the matter preceding division A
of this consolidated 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, of the amounts appropriated under this heading,
$750,000 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)
Budget
estimates.
Time period.
15 USC 1513a
note.
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,672,689,000, 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 $1,685,689,000 provided for in direct obligations under this
heading, $1,672,689,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
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.
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PACIFIC COASTAL SALMON RECOVERY
Grants.
State listing.
Native
Americans.
Guidelines.
VerDate Sep 11 2014
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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,
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 109
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, $80,000,000: 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.
Time period.
Reimbursement.
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RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,100,000.
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PUBL103
136 STAT. 110
PUBLIC LAW 117–103—MAR. 15, 2022
NONRECURRING EXPENSES FUND
Notification.
Time period.
For necessary expenses for technology modernization projects
and cybersecurity risk mitigation of the Department of Commerce,
$30,000,000, to remain available until September 30, 2024, of which
up to $20,000,000 shall be available for a business application
system modernization: Provided, That amounts made available
under this heading are in addition to such other funds as may
be available for such purposes: Provided further, 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.), $35,783,000: 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)
Certification.
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Notification.
Time period.
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SEC. 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.
SEC. 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).
SEC. 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
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 111
for in this Act or any other law appropriating funds for the Department of Commerce.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
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Incorporation by
reference.
Applicability.
33 USC 878a
note.
Reimbursements.
Child
pornography.
Reimbursement.
Records.
Fee.
Grants.
Contracts.
PUBL103
136 STAT. 112
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Waiver authority.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 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.
SEC. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive—
(1) 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’’; and
(2) up to 50 percent of 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 ‘‘Procurement, Acquisition
and Construction’’ under the heading ‘‘National Oceanic and
Atmospheric Administration’’.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2022’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 113
TITLE II
Department of
Justice
Appropriations
Act, 2022.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice, $127,794,000, of which $4,000,000 shall remain
available until September 30, 2023, and 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, $38,000,000, 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 immigrationrelated activities of the Executive Office for Immigration Review,
$760,000,000, 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 $50,000,000 of the total amount made available under
this heading shall remain available until September 30, 2026.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General,
$118,000,000, 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
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SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $14,238,000: Provided, That, notwithstanding any
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Term extension.
PUBL103
136 STAT. 114
PUBLIC LAW 117–103—MAR. 15, 2022
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)
Determination.
Reimbursement.
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, $1,000,000,000, of which not to exceed
$50,000,000 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, $19,000,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and
to remain available until expended.
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SALARIES AND EXPENSES, ANTITRUST DIVISION
Fees.
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For expenses necessary for the enforcement of antitrust and
kindred laws, $192,776,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-Scott-
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 115
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 $54,776,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,419,868,000: 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.
Human
trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $239,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
of discretionary offsetting collections 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 as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), 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 as discretionary
offsetting collections in fiscal year 2022, net of amounts necessary
to pay refunds due depositors, exceed $239,000,000, 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 as discretionary offsetting collections 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.
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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.
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PUBL103
136 STAT. 116
PUBLIC LAW 117–103—MAR. 15, 2022
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)
Determination.
For necessary expenses of the Community Relations Service,
$21,000,000: 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,
$1,580,000,000, 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.
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 117
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, $2,123,015,000,
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, $120,681,000, 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.
Determination.
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
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SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $10,136,295,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
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PUBL103
136 STAT. 118
PUBLIC LAW 117–103—MAR. 15, 2022
$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,
$2,421,522,000, 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
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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, $1,531,071,000, 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 119
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, $7,865,000,000: 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
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.
42 USC 250a.
Contracts.
Determination.
Donations.
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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, $235,000,000, 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
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PUBL103
136 STAT. 120
PUBLIC LAW 117–103—MAR. 15, 2022
States prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
Contracts.
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
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(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,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 121
$575,000,000, to remain available until expended, of which
$575,000,000 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) $217,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $43,000,000 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) $15,000,000 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
$3,000,000 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) $55,000,000 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 $4,000,000
is for a domestic violence lethality reduction initiative;
(6) $54,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $48,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $22,000,000 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 $11,000,000 is for grants to
Historically Black Colleges and Universities, Hispanic-Serving
Institutions, and Tribal colleges;
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Applicability.
PUBL103
136 STAT. 122
PUBLIC LAW 117–103—MAR. 15, 2022
(9) $50,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;
(10) $7,500,000 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) $20,000,000 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) $7,500,000 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, and in the explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act), shall apply to this program;
(19) $10,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; and
(20) $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.
Applicability.
Applicability.
Applicability.
OFFICE
OF
JUSTICE PROGRAMS
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 123
(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,
$70,000,000, to remain available until expended, of which—
(1) $40,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $30,000,000 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 $1,500,000 is for a feasibility study
to create a system to monitor abuse in youth-serving organizations.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
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(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
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136 STAT. 124
PUBLIC LAW 117–103—MAR. 15, 2022
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, $2,213,000,000,
to remain available until expended as follows—
(1) $674,500,000 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) $2,400,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons System;
(C) $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;
(D) $4,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–
315;
(E) $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);
(F) $3,000,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin
and Avonte’s Law;
(G) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(H) $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;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti
Alert Act of 2018 (Public Law 115–401);
(K) $3,500,000 is for a grant program to replicate
family-based alternative sentencing pilot programs;
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136 STAT. 125
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $5,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116–277);
(O) $4,000,000 is for a drug data research center to
combat opioid abuse;
(P) $1,500,000 is for grants to accredited institutions
of higher education to support forensic ballistics programs;
and
(Q) $184,707,000 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 Community Project Grants/
Byrne Discretionary Grants’’, in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such amounts
may not be transferred for any other purpose;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $88,000,000 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;
(4) $12,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110–
403, of which not less than $2,500,000 is for intellectual property enforcement grants including as authorized by section
401, 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;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $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 shall be transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 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;
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136 STAT. 126
PUBLIC LAW 117–103—MAR. 15, 2022
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $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;
(11) $50,000,000 for community-based grant programs to
improve the response to sexual assault, including assistance
for investigation and prosecution of related cold cases;
(12) $14,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $115,000,000 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—
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $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;
(C) $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; and
(D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020
(Public Law 116–281):
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;
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136 STAT. 127
(15) $415,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which—
(A) $88,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is 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 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $29,000,000 is for a veterans treatment courts program;
(E) $33,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and
(F) $185,000,000 is for a comprehensive opioid, stimulant, and substance abuse program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $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);
(19) $13,000,000 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);
(20) $5,000,000 for grants to support community-based
approaches to advancing justice and reconciliation, facilitating
dialogue between all parties, building local capacity, de-escalating community tensions, and preventing hate crimes through
conflict resolution and community empowerment and education;
(21) $120,000,000 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
$50,000,000 is for a community violence intervention and
prevention initiative; and
(22) $5,000,000 for programs authorized under the JabaraHeyer NO HATE Act (34 U.S.C. 30507):
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
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
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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 PROTECT Act (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,
$360,000,000, to remain available until expended as follows—
(1) $70,000,000 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) $102,000,000 for youth mentoring grants;
(3) $49,500,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act—
(A) $4,000,000 shall be for grants to prevent trafficking
of girls;
(B) $14,000,000 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) $4,500,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $12,000,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and other substance
use;
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence; and
(G) $5,000,000 shall be for grants to protect vulnerable
and at-risk youth;
(4) $33,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 129
(5) $99,000,000 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) $4,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
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 $30,000,000
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.
Determination.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
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(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)
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136 STAT. 130
Drugs and drug
abuse.
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Drugs and drug
abuse.
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PUBLIC LAW 117–103—MAR. 15, 2022
(‘‘the STOIC Act’’), $511,744,000, 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) $246,000,000 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
of the amounts appropriated under this paragraph, $31,500,000
is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and antiopioid activities: Provided further, That of the amounts appropriated under this paragraph $42,000,000 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 of
the amounts appropriated under this paragraph, no less than
$3,000,000 is to support the Tribal Access Program: Provided
further, That of the amounts appropriated under this paragraph, $8,000,000 is for training, peer mentoring, mental health
program activities, and other support services as authorized
under the LEMHW Act and the STOIC Act: Provided further,
That of the amounts appropriated under this paragraph,
$5,000,000 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) $15,000,000 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) $40,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381); and
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136 STAT. 131
(7) $111,744,000 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, ‘‘Community Oriented Policing Services, Technology
and Equipment Community Projects/ COPS Law Enforcement
Technology and Equipment’’, in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not
be transferred for any other purpose: Provided further, That
grants funded by such amounts shall not be subject to section
1703 of title I of the 1968 Act (34 U.S.C. 10383).
GENERAL PROVISIONS—DEPARTMENT
JUSTICE
OF
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(INCLUDING TRANSFER OF FUNDS)
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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: Provided further, That
this section shall not apply to the following—
(1) paragraph 1(Q) under the heading ‘‘State and Local
Law Enforcement Assistance’’; and
(2) paragraph (7) under the heading ‘‘Community Oriented
Policing Services Programs’’.
SEC. 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
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Abortion.
Abortion.
Prisons and
prisoners.
Abortion.
Prisons and
prisoners.
PUBL103
136 STAT. 132
Prisons and
prisoners.
Certification.
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Applicability.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 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.
SEC. 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 described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 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.
SEC. 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.
SEC. 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,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 133
without regard to the authorizations for such grant or
reimbursement programs.
This section shall not apply to paragraph 1(Q) under the
heading ‘‘State and Local Law Enforcement Assistance’’.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 218. The Attorney General shall submit to the Committees
on Appropriations of the House of Representatives and the Senate
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Determination.
Time period.
Waiver authority.
Firearms.
Time period.
Reports.
PUBL103
136 STAT. 134
PUBLIC LAW 117–103—MAR. 15, 2022
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’’.
TITLE III
Science
Appropriations
Act, 2022.
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
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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, $7,614,400,000, to remain
available until September 30, 2023.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 135
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,
$880,700,000, 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,
$1,100,000,000, 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.
Deadline.
Plan.
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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,
$6,791,700,000, to remain available until September 30, 2023: Provided, That not less than $1,406,700,000 shall be for the Orion
Multi-Purpose Crew Vehicle: Provided further, That not less than
$2,600,000,000 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 $600,000,000 shall be for SLS Block 1B development
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PUBL103
136 STAT. 136
Time period.
Budget profile.
51 USC 20301
note.
PUBLIC LAW 117–103—MAR. 15, 2022
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 I through Artemis III: Provided further, That
$590,000,000 shall be for Exploration Ground Systems and associated Block 1B activities, including up to $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 with an
8.4 meter fairing and associated ground systems: Provided further,
That $2,195,000,000 shall be for exploration research and development: Provided further, That acquisition of human-rated deep space
exploration lunar and cislunar 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, $4,041,300,000, to remain
available until September 30, 2023.
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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, $137,000,000, to remain
available until September 30, 2023, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $54,500,000 shall be for the National Space Grant College
and Fellowship Program.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 137
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,
$3,020,600,000, 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 amounts appropriated under this heading, $22,655,000
shall be used for the projects, and in the amounts, specified in
the table under the heading ‘‘NASA Community Projects/NASA
Special Projects’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose.
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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, $410,300,000, to remain available until September 30, 2027, of which $55,000,000 shall be available only for costs related to the replacement of National Aeronautics and Space Administration facilities that were subject to
an emergency closure for life and safety issues in fiscal year 2020:
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.
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Contracts.
Time period.
51 USC 20145
note.
Budget request.
Estimate.
51 USC 30103
note.
PUBL103
136 STAT. 138
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $45,300,000, of
which $500,000 shall remain available until September 30, 2023.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
51 USC 20144
note.
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Spending plan.
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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 and any funds
transferred to or within ‘‘Exploration’’ for Exploration Ground Systems shall not increase Exploration Ground Systems by more than
$100,000,000. 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.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year Construction
and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’
CECR appropriations. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 139
Of the amounts made available in this Act under the heading
‘‘Science, Technology, Engineering, and Mathematics Engagement’’
(‘‘STEM Engagement’’), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from
amounts made available in this Act under the headings ‘‘Science’’,
‘‘Aeronautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space Operations’’, projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including
Minority Serving Institutions.
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; $7,159,400,000, 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, $1,006,000,000,
to remain available until September 30, 2023.
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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; $400,000,000: Provided, That
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PUBL103
136 STAT. 140
Contracts.
PUBLIC LAW 117–103—MAR. 15, 2022
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, $19,000,000, of
which $400,000 shall remain available until September 30, 2023.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
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Notification.
Time period.
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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.
Of the amounts provided for ‘‘Research and Related Activities’’,
up to $148,000,000 may be transferred to ‘‘Education and Human
Resources’’ consistent with direction provided in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act). The authority provided by this paragraph is in addition to the authority provided by the first paragraph
under this heading.
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’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 141
TITLE 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.
Donations.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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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, $420,000,000: 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.
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Workforce
proposals.
Notification.
Donations.
PUBL103
136 STAT. 142
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$110,000,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
Applicability.
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$489,000,000, of which $448,750,000 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; $23,500,000
is for management and grants oversight; $4,500,000 is for client
self-help and information technology; $4,750,000 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 PROVISION—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.
MARINE MAMMAL COMMISSION
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
OF THE
136 STAT. 143
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, $56,000,000, 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.) $7,200,000, of which $500,000 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.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
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(INCLUDING TRANSFER OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
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Propaganda.
PUBL103
136 STAT. 144
Contracts.
Contracts.
Notification.
Time period.
Determination.
Definition.
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Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 145
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.
SEC. 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.
SEC. 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.
SEC. 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 $2,600,000,000 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.
SEC. 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.
SEC. 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.
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Applicability.
Tobacco and
tobacco products.
34 USC 20101
note.
Discrimination.
PUBL103
136 STAT. 146
Audits.
Reports.
Deadline.
Public
information.
Web posting.
Certification.
Effective date.
Consultation.
Determination.
Applicability.
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Reviews.
Consultations.
Assessment.
Cyber threats.
China.
Iran.
North Korea.
Russia.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 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.
SEC. 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 cyberespionage or sabotage associated with the acquisition of such
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 147
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 moderateimpact 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
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Mitigation
strategy.
Determination.
Reports.
Torture.
National security
letter.
Notifications.
Deadline.
Determination.
Cost estimates.
PUBL103
136 STAT. 148
Contracts.
Grants.
Certification.
Taxes.
Time periods.
PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 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)
Deadlines.
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Reports.
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SEC. 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, 2022, from the following accounts in the specified amounts—
(1) ‘‘Economic Development Administration, Economic
Development Assistance Programs’’, $15,000,000; and
(2) ‘‘National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities’’, $10,000,000.
(b) Of the unobligated balances from prior year appropriations
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) ‘‘State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Prevention and Prosecution Programs’’, $15,000,000;
(2) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $100,000,000; and
(3) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $15,000,000.
(c) 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’’, $234,839,000; and
(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $127,000,000.
(d) 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,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 149
specifying the amount of each rescission made pursuant to subsections (a), (b), and (c).
(e) 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
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Airline travel.
Conference
attendees.
Determination.
Notification.
Deadline.
Performance
plan.
Reports.
Time period.
Light bulbs.
China.
PUBL103
136 STAT. 150
Consultation.
Certification.
Determination.
Deadline.
Pornography.
Spending plans.
Deadline.
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Contracts.
State listing.
Territories.
Medical
marijuana.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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,
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136 STAT. 151
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.
SEC. 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.
SEC. 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 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
SEC. 534. (a) Not later than 180 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation
shall work with the Administrator of the General Services Administration to transmit to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Environment and Public Works of the Senate,
a report on the construction of a new headquarters for the Federal
Bureau of Investigation in the National Capital Region.
(b) The report transmitted under subsection (a) shall be consistent with the requirements of section 3307(b) of title 40, United
States Code, and include a summary of the material provisions
of the construction and full consolidation of the Federal Bureau
of Investigation in a new headquarters facility, including all the
costs associated with site acquisition, design, management, and
inspection, and a description of all buildings and infrastructure
needed to complete the project.
SEC. 535. (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
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Time period.
Reports.
China.
Definition.
Reports.
Summary.
Costs.
Exports and
imports.
Canada.
Firearms.
PUBL103
136 STAT. 152
President.
Determination.
Federal Register,
publication.
Termination.
Firearms.
Ammunition.
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Exports and
imports.
Firearms.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 536. 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.
SEC. 537. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 153
SEC. 538. 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.
SEC. 539. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 540. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 541. The matter preceding the first proviso under the
heading ‘‘Department of Commerce—National Telecommunications
and Information Administration—Broadband Connectivity Fund’’
in title II of division J of Public Law 117–58 is amended by striking
‘‘for grants for the Tribal Broadband Connectivity Program, as
authorized under section 905(c) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116–260), as amended by
section 60201 of division F this Act’’ and inserting ‘‘for purposes
of the Tribal Broadband Connectivity Program, as authorized under
section 905(c) of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116–260), as amended by section 60201
of division F of this Act, of which up to two percent shall be
for administrative costs’’: Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of 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.
SEC. 542. The matter preceding the first proviso under the
heading ‘‘Department of Commerce—National Telecommunications
and Information Administration—Middle Mile Deployment’’ in title
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Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
135 Stat. 1353.
PUBL103
136 STAT. 154
135 Stat. 1355.
135 Stat. 1356.
PUBLIC LAW 117–103—MAR. 15, 2022
II of division J of Public Law 117–58 is amended by striking
‘‘to remain available September’’ and inserting ‘‘to remain available
until September’’: Provided, That amounts repurposed pursuant
to this section that were previously designated by the Congress
as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of 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.
SEC. 543. Paragraph (14) under the heading ‘‘Department of
Commerce—National Oceanic and Atmospheric Administration—
Operations, Research, and Facilities’’ in title II of division J of
Public Law 117–58 is amended by striking ‘‘an institution of higher
education, non-profit, commercial (for profit) organizations, U.S.
territories, and state or local governments’’ and inserting ‘‘institutions of higher education, non-profit or commercial (for profit)
organizations, U.S. territories, or state or local governments’’: Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of 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.
SEC. 544. Funds made available to the Department of Commerce and under the heading ‘‘Department of Justice—Federal
Bureau of Investigation—Salaries and Expenses’’ in this Act and
any remaining unobligated balances of funds made available to
the Department of Commerce and under the heading ‘‘Department
of Justice—Federal Bureau of Investigation—Salaries and
Expenses’’ in prior year Acts, other than amounts designated by
the Congress as being for an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, shall be available
to provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act, 2020
(22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant
to the matter preceding this proviso may not exceed $2,000,000
for the Department of Commerce and $5,000,000 for the Federal
Bureau of Investigation.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2022’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2022
Department of
Defense
Appropriations
Act, 2022.
TITLE I
MILITARY PERSONNEL
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MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 155
(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, $47,814,079,000.
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, $35,504,251,000.
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, $14,572,400,000.
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, $35,078,206,000.
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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
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PUBL103
136 STAT. 156
PUBLIC LAW 117–103—MAR. 15, 2022
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $5,156,976,000.
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, $2,297,029,000.
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, $802,619,000.
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,
$2,371,001,000.
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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, $9,017,728,000.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 157
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, $4,764,443,000.
TITLE 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,
$55,016,103,000: 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, $62,480,035,000: 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, $9,185,430,000.
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,
$55,103,948,000: 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.
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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, $3,435,212,000.
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PUBL103
136 STAT. 158
PUBLIC LAW 117–103—MAR. 15, 2022
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
Time period.
Reports.
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, $45,864,202,000: 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 $50,000,000 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 $72,000,000, 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, $2,261,570,000, of which $1,299,386,000, 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 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 paragraph: 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
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Coordination.
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AND
EQUIP FUND
For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $500,000,000, 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 159
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
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Security mission.
Coordination.
Notification.
Assessment.
Iran.
Time period.
Notification.
Iraq.
Waiver authority.
Determination.
Notice.
Notification.
Determination.
Time period.
Reports.
PUBL103
136 STAT. 160
PUBLIC LAW 117–103—MAR. 15, 2022
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, $3,032,255,000.
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, $1,173,598,000.
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, $294,860,000.
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, $3,417,706,000.
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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), $7,714,473,000.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
OPERATION
AND
136 STAT. 161
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, $6,786,420,000.
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, $299,008,000, 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.
Determinations.
ENVIRONMENTAL RESTORATION, NAVY
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(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $390,113,000, 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
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Determinations.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
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)
Determinations.
For the Department of the Air Force, $522,010,000, 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)
Determinations.
For the Department of Defense, $10,979,000, 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
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(INCLUDING TRANSFER OF FUNDS)
Determinations.
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For the Department of the Army, $292,580,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 163
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,
CIVIC AID
AND
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), $160,051,000, to remain
available until September 30, 2023: Provided, That such amounts
shall not be subject to the limitation in section 407(c)(3) of title
10, United States Code.
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,
$344,849,000, 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, to remain available for obligation until
September 30, 2022: 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.
TITLE III
PROCUREMENT
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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
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PUBL103
136 STAT. 164
PUBLIC LAW 117–103—MAR. 15, 2022
expenses necessary for the foregoing purposes, $3,295,431,000, 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, $3,460,064,000, 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, $4,319,082,000, 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, $2,276,667,000, to
remain available for obligation until September 30, 2024.
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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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 165
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, $9,453,524,000, 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,
$17,799,321,000, 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,
$3,982,657,000, 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, $845,289,000, to
remain available for obligation until September 30, 2024.
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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;
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136 STAT. 166
PUBLIC LAW 117–103—MAR. 15, 2022
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), $1,062,205,000;
Carrier Replacement Program (CVN–81), $1,287,719,000;
Virginia Class Submarine, $4,234,240,000;
Virginia Class Submarine (AP), $2,105,407,000;
CVN Refueling Overhauls, $2,424,218,000;
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, $1,463,784,000;
TAGOS SURTASS Ships, $434,384,000;
Towing, Salvage, and Rescue Ship, $183,800,000;
LCU 1700, $67,928,000;
Ship to Shore Connector, $391,838,000;
Service Craft, $67,866,000;
LCAC SLEP, $32,712,000;
Auxiliary Vessels, $299,900,000;
For outfitting, post delivery, conversions, and first destination transportation, $614,731,000; and
Completion of Prior Year Shipbuilding Programs,
$660,795,000.
In all: $26,664,526,000, 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 167
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,
$11,072,651,000, 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,
$3,093,770,000, 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, $18,383,946,000,
to remain available for obligation until September 30, 2024.
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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
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136 STAT. 168
PUBLIC LAW 117–103—MAR. 15, 2022
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,475,206,000, 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, $665,977,000, 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, $26,615,079,000, 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, $3,023,408,000, to remain available for obligation until
September 30, 2024.
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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;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 169
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 contractorowned equipment layaway, $6,177,561,000, 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), $388,327,000, 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, $950,000,000, 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.
TITLE 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,
$14,539,417,000, 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,
$22,139,080,000, 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.
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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,
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PUBLIC LAW 117–103—MAR. 15, 2022
$41,592,913,000, 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,
$11,597,405,000, 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,
$29,065,786,000, 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.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $2,017,000,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
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DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $37,350,182,000; of which $33,957,986,000 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 $17,977,979,000 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 $2,633,488,000, to remain available for
obligation until September 30, 2023, shall be for research, development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 171
heading for research, development, test and evaluation, not less
than $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,536,000,000 shall be made available
to the United States Army Medical Research and Development
Command to carry out the congressionally directed medical research
programs: Provided further, That the Secretary of Defense shall
submit to the congressional defense committees quarterly reports
on the current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense shall provide
notice to the congressional defense committees not later than 10
business days after delaying the proposed timeline of such deployment if such delay is longer than 1 week: Provided further, That
the Comptroller General of the United States shall perform quarterly performance reviews of such deployment.
CHEMICAL AGENTS
AND
Reports.
Notice.
Deadline.
Time period.
Reviews.
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
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(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, $925,649,000, of
which $579,750,000 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
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Determination.
PUBL103
136 STAT. 172
PUBLIC LAW 117–103—MAR. 15, 2022
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.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND
AND
DISABILITY
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, $587,100,000.
TITLE VIII
GENERAL PROVISIONS
Propaganda.
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10 USC 1584
note.
Turkey.
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SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 173
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 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.
SEC. 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.
Time period.
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(TRANSFER OF FUNDS)
SEC. 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 of the House of Representatives and the Senate
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.
SEC. 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 Explanation of Project Level
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
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Determination.
Notification.
Reprogramming
requests.
Reprogramming
requests.
Deadline.
PUBL103
136 STAT. 174
PUBLIC LAW 117–103—MAR. 15, 2022
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after the date of the
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’’.
Applicability.
Reports.
Certification.
(TRANSFER OF FUNDS)
Notifications.
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Determination.
Approval.
Notification.
Time period.
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SEC. 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.
SEC. 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.
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 175
SEC. 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.
SEC. 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
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Contracts.
Notifications.
Time periods.
10 USC 3501
note.
Requirement.
Analysis.
Determination.
Budget request.
Humanitarian
assistance.
Territories.
Reports.
PUBL103
136 STAT. 176
Determination.
Hawaii.
Workforce
reduction.
Analysis.
Budget request.
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Lobbying.
Applicability.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed 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 solely 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 impacts 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 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.
SEC. 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.
SEC. 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 fulltime 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 177
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(TRANSFER OF FUNDS)
SEC. 8015. (a) Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Prote´ge´ Program may be
transferred to any other appropriation contained in this Act solely
for the purpose of implementing a Mentor-Prote´ge´ 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 fiscal year
2023 (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.
SEC. 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.
SEC. 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.
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Anchor and
mooring chain.
Definition.
Waiver authority.
Certification.
Alcohol and
alcoholic
beverages.
Applicability.
PUBL103
136 STAT. 178
Arms and
munitions.
Certification.
Waiver authority.
Certification.
Contracts.
Applicability.
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Native
Americans.
State listing.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 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.
SEC. 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.
SEC. 8020. In addition to the funds provided elsewhere in
this Act, $25,000,000 is appropriated only 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.
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 179
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).
SEC. 8022. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall 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.
SEC. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 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.
SEC. 8025. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $115,000,000 shall be available to maintain competitive rates at the arsenals.
SEC. 8026. (a) Of the funds made available in this Act, not
less than $60,500,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $47,300,000 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.
SEC. 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
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Definition.
PUBL103
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Time periods.
Studies.
Analysis.
Time periods.
List.
Plan.
Plan.
Review.
Deadline.
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Reports.
Budget
estimates.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 6,119 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That within such funds for 6,119
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 6,184, 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 6,184 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; and
(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:
Provided further, That the Secretary of Defense shall provide 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 by June 15, 2022.
(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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 181
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $63,840,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program and Military
Intelligence Program.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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,
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Definition.
Definition.
Certification.
Cost estimates.
Compliance.
Definition.
Determinations.
Labeling.
Fraud.
Debarment.
Contracts.
Applicability.
PUBL103
136 STAT. 182
Waiver authority.
Certification.
Consultation.
Determination.
Contracts.
Rescission.
41 USC 8304
note.
Memorandum.
Reports.
Definition.
Contracts.
Ball and roller
bearings.
Waiver authority.
Certification.
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Applicability.
Time period.
Execution plan.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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 Agreements 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.
SEC. 8034. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase 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 this restriction shall not apply to
the purchase of ‘‘commercial products’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8035. 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
$125,000,000, 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 183
the Secretary of Defense provides the congressional defense committees a detailed execution plan for these funds.
SEC. 8036. 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.
SEC. 8037. (a) The Secretary of Defense may, on a case-bycase 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.
SEC. 8038. 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.
SEC. 8039. 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.
SEC. 8040. 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.
SEC. 8041. 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
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Supercomputers.
Certification.
Waiver authority.
Determination.
Applicability.
Contracts.
Effective date.
Flags.
10 USC 4862
note.
Determination.
PUBL103
136 STAT. 184
Humanitarian
assistance.
Regulations.
Tobacco and
tobacco products.
10 USC 2484
note.
Budget request.
Contracts.
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50 USC 3521
note.
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PUBLIC LAW 117–103—MAR. 15, 2022
Force is prohibited from deactivating the corresponding squadrons
responsible for the operations of the aforementioned aircraft.
SEC. 8042. Up to $11,120,000 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.
SEC. 8043. 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.
SEC. 8044. (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.
SEC. 8045. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 185
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.
SEC. 8046. (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-bycase 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; or
(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.
SEC. 8047. (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
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Waiver authority.
Determination.
Certification.
Determination.
Contracts.
Effective date.
Plan.
Determination.
PUBL103
136 STAT. 186
PUBLIC LAW 117–103—MAR. 15, 2022
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.
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(RESCISSIONS)
SEC. 8048. 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 a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985:
‘‘Missile Procurement, Army’’, 2020/2022, $6,953,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2020/2022, $4,500,000;
‘‘Other Procurement, Army’’, 2020/2022, $13,000,000;
‘‘Other Procurement, Navy’’, 2020/2022, $3,500,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2020/2022,
$153,485,000;
‘‘Missile Procurement, Air Force’’, 2020/2022, $40,000,000;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 187
‘‘Other Procurement, Air Force’’, 2020/2022, $38,000,000;
‘‘Operation and Maintenance, Defense-Wide’’, 2021/2022,
$101,000,000;
‘‘Afghanistan
Security
Forces
Fund’’,
2021/2022,
$700,000,000;
‘‘Counter-ISIS Train and Equip Fund’’, 2021/2022,
$250,000,000;
‘‘Aircraft Procurement, Army’’, 2021/2023, $5,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2021/2023, $4,533,000;
‘‘Procurement
of
Ammunition,
Army’’,
2021/2023,
$64,754,000;
‘‘Other Procurement, Army’’, 2021/2023, $3,177,000;
‘‘Aircraft Procurement, Navy’’, 2021/2023, $51,782,000;
‘‘Weapons Procurement, Navy’’, 2021/2023, $37,035,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2021/2023, $5,194,000;
‘‘Shipbuilding and Conversion, Navy: DDG–51 Destroyer
(AP)’’, 2021/2025, $130,000,000;
‘‘Other Procurement, Navy’’, 2021/2023, $49,325,000;
‘‘Procurement, Marine Corps’’, 2021/2023, $80,109,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2021/2023,
$690,775,000;
‘‘Procurement, Space Force’’, 2021/2023, $35,700,000;
‘‘Procurement of Ammunition, Air Force’’, 2021/2023,
$351,689,000;
‘‘Other Procurement, Air Force’’, 2021/2023, $79,390,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2021/2022, $79,585,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2021/
2022, $68,022,000;
‘‘Research, Development, Test and Evaluation, Space
Force’’, 2021/2022, $120,500,000;
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2021/2022, $108,717,000; and
‘‘Defense Counterintelligence and Security Agency Working
Capital Fund’’, 2021/XXXX, $30,000,000.
SEC. 8049. 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.
SEC. 8050. 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.
SEC. 8051. Funds appropriated in this Act 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
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North Korea.
Armed Forces
remains.
Reimbursement.
PUBL103
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Drugs and drug
abuse.
10 USC 274 note.
50 USC 3506
note.
Determination.
Reports.
Contracts.
PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 8052. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug 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.
SEC. 8053. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 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: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
SEC. 8054. 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.
SEC. 8055. 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.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8056. 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
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136 STAT. 189
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.
SEC. 8057. 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.
SEC. 8058. (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.
Budget
statement.
Time period.
Reimbursement.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8059. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’, $47,000,000
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:
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136 STAT. 190
Reports.
List.
Certification.
Compliance.
Waiver authority.
Certification.
Time period.
Reports.
Strategies.
Cost estimates.
Waiver authority.
Certification.
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Classified
information.
Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 8060. 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 enditems 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.
SEC. 8061. 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.
SEC. 8062. 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.
SEC. 8063. 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.
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136 STAT. 191
SEC. 8064. 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.
SEC. 8065. 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.
SEC. 8066. 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.
Arms and
munitions.
Waiver authority.
Time period.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8067. 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.
SEC. 8068. (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;
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Contracts.
Determination.
Compliance.
Determination.
PUBL103
136 STAT. 192
Study.
Proposals.
Risk assessment.
Certifications.
Deadline.
Determination.
Grants.
Fisher House
Foundation, Inc.
PUBLIC LAW 117–103—MAR. 15, 2022
(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.
SEC. 8069. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.
(INCLUDING TRANSFER OF FUNDS)
Time period.
Execution plan.
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Time period.
Notification.
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SEC. 8070. In addition to amounts made available elsewhere
in this Act, $200,000,000 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
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136 STAT. 193
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)
SEC. 8071. 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)
SEC. 8072. 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).
SEC. 8073. 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.
SEC. 8074. 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 Subcommittees
on Defense of the Committees on Appropriations of the House
of Representatives and the Senate.
Proposal.
Time period.
Notification.
Notice.
Effective date.
10 USC 3201
note prec.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8075. 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
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Notification.
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Budget
justification.
10 USC 221 note.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 8076. 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.
SEC. 8077. 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.
SEC. 8078. 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.
SEC. 8079. The budget of the President for fiscal year 2023
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
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136 STAT. 195
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
Estimates.
Data.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8080. In addition to amounts made available elsewhere
in this Act, $50,000,000 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.
SEC. 8081. 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.
SEC. 8082. 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.
SEC. 8083. 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
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Time period.
Execution plan.
Time period.
Notification.
Nuclear armed
interceptors.
Notification.
53d Weather
Reconnaissance
Squadron.
PUBL103
136 STAT. 196
Foreign
intelligence.
Tactical
unmanned
aerial vehicles.
Research and
technology.
Real property.
Applicability.
Reports.
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Certification.
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PUBLIC LAW 117–103—MAR. 15, 2022
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8084. 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.
SEC. 8085. (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.
SEC. 8086. 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.
SEC. 8087. 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.
SEC. 8088. (a) Not later than 60 days after the date of the
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.
SEC. 8089. 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
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136 STAT. 197
pursuant to section 1705(e)(1) of title 10, United States Code, shall
be covered by and subject to section 8005 of this Act.
SEC. 8090. (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.
SEC. 8091. (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.
SEC. 8092. (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
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Notifications.
Time periods.
Public
information.
Web posting.
Reports.
Determination.
Time period.
Contracts.
PUBL103
136 STAT. 198
Certification.
Waiver authority.
Determination.
Public
information.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
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)
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SEC. 8093. 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.
SEC. 8094. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
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136 STAT. 199
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8095. 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.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8096. 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.
SEC. 8097. Of the amounts appropriated in this Act for ‘‘Shipbuilding and Conversion, Navy’’, $299,900,000, to remain available
for obligation until September 30, 2026, may be used for the purchase of five used sealift vessels for 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: Provided further,
That notwithstanding section 2218 of title 10, United States Code,
none of these funds shall be transferred to the National Defense
Sealift Fund for execution.
SEC. 8098. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
SEC. 8099. 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.
SEC. 8100. 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
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Reprogramming
requests.
Deadline.
Reimbursement.
Grants.
Web posting.
Surveillance.
Salaries.
PUBL103
136 STAT. 200
Reimbursements.
Notification.
Time period.
Waiver authority.
Determination.
Deadline.
Notification.
Contracts.
Deadline.
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Contracts.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 8101. 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.
SEC. 8102. 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.
SEC. 8103. (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; spreaders for shipboard cranes; and anchor chains
specifically for the seventh and subsequent ships of the fleet.
(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.
SEC. 8104. None of the funds provided in this Act for requirements development, performance specification development, concept
design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations
research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T–ARC(X) Cable
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136 STAT. 201
Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveillance Ship may be used to award a new contract for such activities
unless these contracts include specifications that all auxiliary equipment, including pumps and propulsion shafts, are manufactured
in the United States.
SEC. 8105. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth, the USS Detroit, or the USS Little Rock.
SEC. 8106. 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).
SEC. 8107. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8108. (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.
SEC. 8109. In addition to amounts provided elsewhere in this
Act, there is appropriated $516,233,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: 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,
or for transfer to the Secretary of Education, notwithstanding any
other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate,
repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition
deficiencies at such schools: Provided further, That in making such
funds available, the Office of Local Defense Community Cooperation
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiving
funds under this section a local educational agency or State shall
provide a matching share as described in the notice titled ‘‘Department of Defense Program for Construction, Renovation, Repair or
Expansion of Public Schools Located on Military Installations’’ published by the Department of Defense in the Federal Register on
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further,
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Gaming.
Adult
entertainment.
Pornography.
Grants.
Contracts.
Determination.
PUBL103
136 STAT. 202
Applicability.
Applicability.
Embryos.
Definition.
Determination.
Notification.
Time period.
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Contracts.
Memorandum.
Grants.
Loans.
Corporations.
Taxes.
Determination.
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That these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct, renovate,
repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition
deficiencies at such schools to the extent such funds remain unobligated on the date of enactment of this section.
SEC. 8110. In carrying out the program described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the
guidance issued to implement such memorandum, the Secretary
of Defense shall apply such policy and guidance, except that—
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ‘‘assisted reproductive technology’’ shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8111. 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.
SEC. 8112. 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.
SEC. 8113. (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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 203
such suspension or debarment is not necessary to protect the
interests of the Federal Government.
SEC. 8114. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance Office and the Space Force or any other elements of the
Department of Defense.
SEC. 8115. None of the funds appropriated or otherwise made
available by this Act may be used to transfer any element of
the Department of the Army, the Department of the Navy, or
a Department of Defense agency to the Space Force unless, concurrent with the fiscal year 2023 budget submission (as submitted
to Congress pursuant to section 1105 of title 31, United States
Code), the Secretary of Defense, not to be delegated, provides a
report to the Committees on Appropriations of the House of Representatives and the Senate, detailing any plans to transfer appropriate space elements of the Department of the Army, the Department of the Navy, or a Department of Defense agency to the
Space Force and certifies in writing to the Committees on Appropriations of the House of Representatives and the Senate that
such transfer is consistent with the mission of the Space Force
and will not have an adverse impact on the Department or agency
from which such element is being transferred: Provided, That such
report shall include fiscal year 2023 budget and future years defense
program adjustments associated with such planned transfers.
SEC. 8116. None of the funds appropriated or otherwise made
available by this Act may be used to establish a field operating
agency of the Space Force.
SEC. 8117. 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.
SEC. 8118. 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.
SEC. 8119. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the tables 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
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Reports.
Plans.
Certification.
10 USC 2208
note.
PUBL103
136 STAT. 204
Grants.
Contracts.
Coordination.
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Definition.
Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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.
SEC. 8120. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’,
$75,000,000, to remain available until September 30, 2025: 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 $56,250,000 shall be allocated to address programs at or near active military installations: Provided further,
That $18,750,000 shall be allocated for programs at or near reserve
component installations, of which $5,000,000 shall be for grants
to communities for which a nearby military installation has
transitioned to a new type or model of aircraft after January 1,
2019: 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.
SEC. 8121. 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.
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136 STAT. 205
(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).
SEC. 8122. 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.
SEC. 8123. The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after
the receipt of any contribution of funds received from the government of a foreign country for any purpose relating to the stationing
or operations of the United States Armed Forces: Provided, That
such notification shall include the amount of the contribution; the
purpose for which such contribution was made; and the authority
under which such contribution was accepted by the Secretary of
Defense: Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of
the planned use of such contributions, including whether such contributions would support existing or new stationing or operations
of the United States Armed Forces.
SEC. 8124. 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.
SEC. 8125. 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.).
SEC. 8126. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8127. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
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Kuwait.
Notifications.
Deadlines.
Iraq.
Syria.
PUBL103
136 STAT. 206
Iran.
North Korea.
Iraq.
Syria.
Child soldiers.
Taliban.
Reports.
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Notification.
Reports.
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SEC. 8128. Nothing in this Act may be construed as authorizing
the use of force against Iran or the Democratic People’s Republic
of Korea.
SEC. 8129. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
SEC. 8130. None of the funds made available by this Act under
the heading ‘‘Counter-ISIS Train and Equip Fund’’, and under
the heading ‘‘Operation and Maintenance, Defense-Wide’’ for
Department of Defense security cooperation grant programs, may
be used to procure or transfer man-portable air defense systems.
SEC. 8131. 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.
SEC. 8132. None of the funds made available by this Act may
be made available for any member of the Taliban.
SEC. 8133. 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.
SEC. 8134. Funds appropriated in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’, for the Defense Security Cooperation Agency, 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.
SEC. 8135. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $1,299,386,000, 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 207
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.
SEC. 8136. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $50,000,000, to remain available until September 30, 2023, shall be for payments to reimburse
key cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq
and Syria: Provided, That such reimbursement payments may be
made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, based
on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination
is final and conclusive upon the accounting officers of the United
States, and 15 days following written notification to the appropriate
congressional committees: Provided further, That these funds may
be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis
to coalition forces supporting United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq
and Syria, and 15 days following written notification to the appropriate congressional committees: 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.
SEC. 8137. 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, of which not
less than $150,000,000 shall be for Jordan: 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 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.
SEC. 8138. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 8139. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $300,000,000, 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, with the concurrence of the Secretary of State, to provide assistance, including training; equipment;
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Consultation.
Determinations.
Deadline.
Notification.
Deadline.
Notification.
Reports.
Time period.
Notification.
Reports.
Ukraine.
PUBL103
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Time period.
Determination.
Notification.
Deadline.
Consultation.
Notification.
Reports.
Rosoboronexport.
Waiver authority.
Consultation.
Determination.
Certification.
Russia.
Ukraine.
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Syria.
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PUBLIC LAW 117–103—MAR. 15, 2022
lethal assistance; logistics support, supplies and services; salaries
and stipends; sustainment; and intelligence support to the military
and national security forces of Ukraine, and to other forces or
groups recognized by and under the authority of the Government
of Ukraine, including governmental entities within Ukraine,
engaged in resisting Russian aggression against Ukraine, for
replacement of any weapons or articles provided to the Government
of Ukraine from the inventory of the United States, and to recover
or dispose of equipment procured using funds made available in
this section in this or prior Acts: Provided further, That such
funds may be obligated and expended notwithstanding section 1250
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92): Provided further, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made available
in this section (or if the Secretary of Defense determines, on a
case-by-case basis, that extraordinary circumstances exist that
impact the national security of the United States, as far in advance
as is practicable) notify the congressional defense committees in
writing of the details of any such obligation: Provided further,
That the Secretary of Defense shall, not more than 60 days after
such notification is made, inform such committees if such funds
have not been obligated and the reasons therefor: Provided further,
That the Secretary of Defense shall consult with such committees
in advance of the provision of support provided to other forces
or groups recognized by and under the authority of the Government
of Ukraine: Provided further, That the United States may accept
equipment procured using funds made available in this section
in this or prior Acts 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 to other assisted entities,
or returned by such forces or other assisted entities to the United
States, may be treated as stocks of the Department of Defense
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
and status of funds made available in this section.
SEC. 8140. (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—
(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;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 209
(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.
SEC. 8141. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 8142. 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.
SEC. 8143. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
SEC. 8144. None of the funds appropriated or made available
in this Act shall be used to support any activity conducted by,
or associated with, the Wuhan Institute of Virology.
SEC. 8145. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8146. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guanta´namo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232).
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Review.
Reports.
Azov Battalion.
Wuhan Institute
of Virology.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
PUBL103
136 STAT. 210
Detainees.
Cuba.
Cuba.
Ante, p. 16.
135 Stat. 1885.
135 Stat. 1937.
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135 Stat. 1942.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 8147. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 8148. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 8149. Section 165 of the Continuing Appropriations Act,
2022 (division A of Public Law 117–43) shall be amended by striking
‘‘$53,000,000’’ and inserting ‘‘$85,250,000’’.
SEC. 8150. In addition to amounts otherwise made available,
there is appropriated $100,000,000 to the Department of Defense,
to remain available until expended, for the same purposes and
under the same authorities and conditions as amounts made available in section 165(c) of the Continuing Appropriations Act, 2022
(division A of Public Law 117–43).
SEC. 8151. (a) COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION REFORM.—Section 1004 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1884) is amended—
(1) in subsection (a)(2), by striking ‘‘not later’’; and
(2) in subsection (b)—
(A) in paragraph (3), by striking ‘‘30’’ and inserting
‘‘45’’; and
(B) in paragraph (4), by striking ‘‘subsection (a)(2)’’
and inserting ‘‘paragraph (3)’’.
(b) AFGHANISTAN WAR COMMISSION.—Section 1094 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1942) is amended—
(1) in subsection (c)(2)(D)(i), by striking ‘‘60’’ and inserting
‘‘90’’; and
(2) in subsection (f)(5)(B)(ii), by striking ‘‘subsection (g)(1)’’
and inserting ‘‘clause (i)’’.
(c) CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE
OF THE UNITED STATES.—Section 1687 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 2126) is amended—
(1) in subsection (b)—
(A) in paragraph (2)(A)(ii), by inserting ‘‘(other than
experts or consultants the services of which are procured
under section 3109 of title 5, United States Code)’’ after
‘‘Federal Government’’; and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 211
(B) in paragraph (3)(A), by striking ‘‘45 days after
the date of the enactment of this Act’’ and inserting ‘‘April
11, 2022’’; and
(2) in subsection (d)(1), by striking ‘‘December 31, 2022’’
and inserting ‘‘February 28, 2023’’.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2022’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2022
135 Stat. 2128.
Energy and
Water
Development and
Related Agencies
Appropriations
Act, 2022.
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS
OF
ENGINEERS—CIVIL
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS
For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction, $143,000,000, to remain available until expended: Provided,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
Work plan.
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CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $2,492,800,000, to remain available until expended;
of which $97,539,000, to be derived from the Harbor Maintenance
Trust Fund, shall be to cover the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35
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PUBLIC LAW 117–103—MAR. 15, 2022
percent of the costs of construction, replacement, rehabilitation,
and expansion of inland waterways projects shall be derived from
the Inland Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That the Secretary shall not deviate
from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
Work plan.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $370,000,000, to
remain available until expended, of which $10,312,000, to be derived
from the Harbor Maintenance Trust Fund, shall be to cover the
Federal share of eligible operation and maintenance costs for inland
harbors: Provided, That the Secretary shall not deviate from the
work plan, once the plan has been submitted to the Committees
on Appropriations of both Houses of Congress.
Work plan.
OPERATION AND MAINTENANCE
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Time period.
Determination.
Allocation.
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For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $4,570,000,000, to remain available until expended, of which
$1,941,442,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible operations
and maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land
and Water Conservation Fund Act of 1965 shall be derived from
that account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas
at which outdoor recreation is available; of which such sums as
become available from fees collected under section 217 of Public
Law 104–303 shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $50,000,000, to be
derived from the general fund of the Treasury, shall be to carry
out subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2)(B)
of section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136): Provided, That 1
percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency activities
as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 213
fourth quarter any remaining funds which have not been used
for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities: Provided
further, That the Secretary shall not deviate from the work plan,
once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That none
of the funds provided under this heading in this Act may be used
for the projects specified in the table referenced in the succeeding
proviso: Provided further, That in addition to any amounts otherwise available for necessary expenses to dredge Federal navigation
projects in response to, and repair damages to Corps of Engineers
Federal projects caused by, natural disasters, available amounts
provided under the heading ‘‘Operation and Maintenance’’ in title
IV of the Disaster Relief Supplemental Appropriations Act, 2022
shall be used for such purposes in the amounts specified and for
the projects specified in the table titled ‘‘Corps of Engineers—
Damage Repairs’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided further, That expenditures made or obligations incurred
under the heading ‘‘Corps of Engineers—Civil—Operation and
Maintenance’’ pursuant to the Continuing Appropriations Act, 2022
for necessary expenses to dredge Federal navigation projects in
response to, and repair damages to Corps of Engineers Federal
projects caused by, natural disasters shall be charged to available
amounts provided under the heading ‘‘Operation and Maintenance’’
in title IV of the Disaster Relief Supplemental Appropriations Act,
2022, consistent with the preceding proviso: Provided further, That
each amount repurposed under this heading in this Act that was
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 or a concurrent resolution on the budget 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.
Work plan.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $212,000,000, to
remain available until September 30, 2023.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $300,000,000, to remain
available until expended.
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FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
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136 STAT. 214
PUBLIC LAW 117–103—MAR. 15, 2022
EXPENSES
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $208,000,000,
to remain available until September 30, 2023, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2023: Provided, That not more than
75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), to specific programs,
projects, or activities.
Reports.
Work plan.
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WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
Consultation.
Reports.
Analyses.
Determinations.
Estimates.
Regulations.
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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, $5,000,000, to remain available until
expended, for safety projects to maintain, upgrade, and repair dams
identified in the National Inventory of Dams with a primary owner
type of state, local government, public utility, or private: Provided,
That no project may be funded with amounts provided under this
heading for a dam that is identified as jointly owned in the National
Inventory of Dams and where one of those joint owners is the
Federal Government: 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 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 $500,000,000: Provided
further, That within 30 days of enactment of this Act, the Secretary,
in consultation with the Office of Management and Budget, shall
transmit a report to the Committees on Appropriations of the House
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 215
of Representatives and the Senate that provides: (1) an analysis
of how subsidy rates will be determined for loans financed by
appropriations provided under this heading in this Act; (2) a
comparison of the factors that will be considered in estimating
subsidy rates for loans financed under this heading in this Act
with factors that will be considered in estimates of subsidy rates
for other projects authorized by the Water Infrastructure Finance
and Innovation Act of 2014, including an analysis of how both
sets of rates will be determined; and (3) an analysis of the process
for developing draft regulations for the Water Infrastructure
Finance and Innovation program, including a crosswalk from the
statutory requirements for such program, and a timetable for publishing such regulations: 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
Secretary 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 any references to the Environmental Protection Agency (EPA) or the
Administrator in the criteria referenced in the previous two provisos
shall be deemed to be references to the Army Corps of Engineers
or the Secretary of the Army, respectively, for purposes of the
direct loans or loan guarantee authority made available under
this heading: 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 Secretary shall
promptly provide, documentation and information relating to a
project identified in a Letter of Interest submitted to the Secretary
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, $2,200,000, to remain available
until September 30, 2023.
Loans.
Criteria.
Loans.
Certification.
Compliance.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
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(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2022, shall be available
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PUBL103
136 STAT. 216
Advance
approval.
Advance
approval.
Advance
approval.
Notification.
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Guidelines.
Applicability.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 217
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which 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
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the Civil
Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
SEC. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief
of Engineers.
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Reports.
Allocation.
Contracts.
Kentucky.
Allocations.
Determination.
PUBL103
136 STAT. 218
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available until
expended, of which $5,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,550,000
shall be available until September 30, 2023, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2022, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,850,000
for administrative expenses.
BUREAU
OF
RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
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(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,747,101,000, to remain available until expended, of which $71,217,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $19,606,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$40,000,000 shall be available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of
Public Law 114–322: Provided further, That $100,000 shall be available for transfer into the Aging Infrastructure Account established
by section 9603(d)(1) of the Omnibus Public Land Management
Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further,
That such transfers, except for the transfer authorized by the
preceding proviso, may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114–
322, or the Bureau of Reclamation special fee account established
by 16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which the funds were
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 219
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts made available
under this heading, $10,000,000 shall be deposited in the San
Gabriel Basin Restoration Fund established by section 110 of title
I of division B of appendix D of Public Law 106–554: Provided
further, That of the amounts provided herein, funds may be used
for high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided
further, That within available funds, $250,000 shall be for grants
and financial assistance for educational activities.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $56,499,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
Assessments.
Contracts.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
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POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the six regions of the Bureau of Reclamation, to
remain available until September 30, 2023, $64,400,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
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PUBL103
136 STAT. 220
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase and replacement of not to exceed 30 motor vehicles,
which are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
Advance
approvals.
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Definition.
VerDate Sep 11 2014
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SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2022, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts
made available in this title under the heading ‘‘Bureau of Reclamation—Water and Related Resources’’ shall be expended for the programs, projects, and activities specified in the ‘‘Final Bill’’ columns
in the ‘‘Water and Related Resources’’ table included under the
heading ‘‘Title II—Department of the Interior’’ in the explanatory
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 221
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘$610,000,000’’ and inserting ‘‘$750,000,000’’.
SEC. 204. Title I of Public Law 108–361 (the CALFED BayDelta Authorization Act) (118 Stat. 1681), as amended by section
204 of division D of Public Law 116–260, is amended by striking
‘‘2021’’ each place it appears and inserting ‘‘2022’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) is amended by striking
‘‘2021’’ and inserting ‘‘2022’’.
SEC. 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended
by striking ‘‘2021’’ and inserting ‘‘2022’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ‘‘2021’’
and inserting ‘‘2022’’.
SEC. 207. Section 1101(d) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102–575)
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’.
SEC. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 and prior
to enactment of this Act by the Secretary of the Interior and
transmitted to the appropriate committees of Congress pursuant
to section 4007 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114–322) if such project is not named
in this Act, Public Law 116–260, or Public Law 117–43.
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Reports.
Determination.
California.
Plan.
Reimbursements.
134 Stat. 1363.
123 Stat. 1309.
PUBL103
136 STAT. 222
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $3,200,000,000,
to remain available until expended: Provided, That of such amount,
$209,453,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated
in this paragraph, $77,047,000 shall be used for projects specified
in the table that appears under the heading ‘‘Congressionally
Directed Spending Energy Efficiency and Renewable Energy
Projects’’ in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That section 366(e) of the Energy Policy and Conservation
Act (42 U.S.C. 6326(e)) shall not apply to Federal financial assistance provided under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) from amounts made
available under this heading in this Act.
CYBERSECURITY, ENERGY SECURITY,
AND
EMERGENCY RESPONSE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $185,804,000, to remain available until
expended: Provided, That of such amount, $16,000,000 shall be
available until September 30, 2023, for program direction: Provided
further, That of the amount appropriated in this paragraph,
$3,000,000 shall be used for projects specified in the table that
appears under the heading ‘‘Congressionally Directed Spending
Cybersecurity, Energy Security, and Emergency Response Projects’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
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ELECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $277,000,000, to remain available until
expended: Provided, That of such amount, $20,000,000 shall be
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 223
available until September 30, 2023, for program direction: Provided
further, That of the amount appropriated in this paragraph,
$2,850,000 shall be used for projects specified in the table that
appears under the heading ‘‘Congressionally Directed Spending
Electricity Projects’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act).
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,654,800,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2023, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy
Policy Act of 2005, as amended, the only amount available shall
be from the amount specified as including that purpose in the
‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table included
under the heading ‘‘Title III—Department of Energy’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
FOSSIL ENERGY
AND
CARBON MANAGEMENT
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
of interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $825,000,000, to remain
available until expended: Provided, That of such amount
$66,800,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated
in this paragraph, $20,199,000 shall be used for projects specified
in the table that appears under the heading ‘‘Congressionally
Directed Spending Fossil Energy and Carbon Management Projects’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
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NAVAL PETROLEUM
AND
OIL SHALE RESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,650,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
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PUBL103
136 STAT. 224
PUBLIC LAW 117–103—MAR. 15, 2022
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $219,000,000, to remain available
until expended.
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st
Century Cures Act (Public Law 114–255), $7,350,000, to remain
available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$129,087,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $333,863,000, to
remain available until expended: Provided, That, in addition, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, and deposited under this heading in fiscal
year 2022 pursuant to section 309 of title III of division C of
Public Law 116–94 are appropriated, to remain available until
expended, for mercury storage costs.
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URANIUM ENRICHMENT DECONTAMINATION
FUND
AND
DECOMMISSIONING
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $860,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $16,155,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 225
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 35 passenger motor vehicles, including one ambulance, for replacement
only, $7,475,000,000, to remain available until expended: Provided,
That of such amount, $202,000,000 shall be available until September 30, 2023, for program direction.
NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
interim storage activities, $27,500,000, to remain available until
expended, of which $7,500,000 shall be derived from the Nuclear
Waste Fund.
TECHNOLOGY TRANSITIONS
For Department of Energy expenses necessary for carrying
out the activities of technology transitions, $19,470,000, to remain
available until expended: Provided, That of such amount, $8,375,000
shall be available until September 30, 2023, for program direction.
CLEAN ENERGY DEMONSTRATIONS
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $20,000,000, to remain
available until expended: Provided, That of such amount, $8,000,000
shall be available until September 30, 2023, for program direction.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $450,000,000, to remain available until
expended: Provided, That of such amount, $36,000,000 shall be
available until September 30, 2023, for program direction.
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TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$32,000,000 is appropriated, to remain available until September
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PUBL103
136 STAT. 226
PUBLIC LAW 117–103—MAR. 15, 2022
30, 2023: Provided further, That up to $32,000,000 of fees collected
in fiscal year 2022 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2023:
Provided further, That to the extent that fees collected in fiscal
year 2022 exceed $32,000,000, those excess amounts shall be credited as offsetting collections under this heading and 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 (estimated at $3,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected 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: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2023.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2023: Provided,
That under section 2602(c) of the Energy Policy Act of 1992 (25
U.S.C. 3502(c)), the Secretary of Energy may also provide direct
loans, as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That such direct loans
shall be made through the Federal Financing Bank, with the full
faith and credit of the United States Government on the principal
and interest: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be
used for the cost of direct loans provided under such section of
such Act.
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INDIAN ENERGY POLICY
AND
PROGRAMS
For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $58,000,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, $5,523,000 shall be available until September 30, 2023,
for program direction.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 227
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $340,578,000, to remain available until September 30,
2023, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $100,578,000 in fiscal year 2022 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022 appropriation
from the general fund estimated at not more than $240,000,000.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $78,000,000, to remain available until September 30, 2023.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one ambulance, for replacement
only, $15,920,000,000, to remain available until expended: Provided,
That of such amount, $117,060,000 shall be available until September 30, 2023, for program direction.
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DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,354,000,000, to remain available until expended.
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PUBL103
136 STAT. 228
PUBLIC LAW 117–103—MAR. 15, 2022
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,918,000,000, to remain available until expended, of which,
$92,747,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of such amount, $55,579,000 shall be available until
September 30, 2023, for program direction.
FEDERAL SALARIES
AND
EXPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $464,000,000, to
remain available until September 30, 2023, including official reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one passenger minivan for replacement only, $6,710,000,000, to remain available until expended: Provided, That of such amount, $305,207,000 shall be available until
September 30, 2023, for program direction.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION
DECOMMISSIONING
AND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions
for uranium enrichment decontamination and decommissioning
activities, $573,333,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’.
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OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 229
property or any facility or for plant or facility acquisition, construction, or expansion, $985,000,000, to remain available until
expended: Provided, That of such amount, $337,636,000 shall be
available until September 30, 2023, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Umatilla Hatchery Facility project and, in addition, for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2022, no new direct loan
obligations may be made.
OPERATION
AND
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $7,184,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $7,184,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $53,000,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
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OPERATION
AND
MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $48,324,000, to remain available until
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136 STAT. 230
PUBLIC LAW 117–103—MAR. 15, 2022
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$37,924,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2022 appropriation estimated
at not more than $10,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $39,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
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CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $285,237,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $285,237,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $194,465,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022 appropriation
estimated at not more than $90,772,000, of which $90,772,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $170,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
FALCON
AND
AMISTAD OPERATING
AND
136 STAT. 231
MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,808,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $5,580,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2022 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2022, the Administrator of the Western Area Power Administration may accept up to $1,737,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
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SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $466,426,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $466,426,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2022 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are 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.
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42 USC 7171
note.
PUBL103
136 STAT. 232
PUBLIC LAW 117–103—MAR. 15, 2022
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Notifications.
Time period.
Grants.
Contracts.
Reports.
Contracts.
Grants.
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Notification.
Time period.
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SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 233
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances 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.
SEC. 302. Funds appropriated by this or any other 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.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
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Notification.
Advance
approval.
Time period.
Waiver authority.
Notification.
Deadline.
Oversight.
Compliance.
Cost estimate.
Determination.
President.
PUBL103
136 STAT. 234
PUBLIC LAW 117–103—MAR. 15, 2022
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that section.
SEC. 306. No funds shall be transferred directly from ‘‘Department of Energy—Power Marketing Administration—Colorado River
Basins Power Marketing Fund, Western Area Power Administration’’ to the general fund of the Treasury in the current fiscal
year.
SEC. 307. (a) Of the unobligated balances available to the
Department of Energy from amounts appropriated in prior Acts,
the following funds are hereby rescinded from the following accounts
and programs in the specified amounts—
(1) ‘‘Defense Nuclear Nonproliferation’’ for the construction
project ‘‘99–D–143’’, $282,133,000; and
(2) ‘‘Naval Reactors’’, $6,000,000.
(b) No amounts may be rescinded under subsection (a) 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.
SEC. 308. Of the unavailable collections currently in the United
States Enrichment Corporation Fund, $841,000,000 shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to
the extent provided in advance in appropriations Acts.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, and for expenses necessary for
the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$195,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 235
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $36,000,000, to remain available until September 30, 2023.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $30,100,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $15,100,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects for which
the Denali Commission is the sole or primary funding source in
an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law 105–
277), as amended by section 701 of appendix D, title VII, Public
Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed
50 percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for any project for which the Denali
Commission is not the sole or primary funding source, provided
that such project is consistent with the purposes of the Commission.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $35,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $5,000,000, to remain available
until expended.
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SOUTHWEST BORDER REGIONAL COMMISSION
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $2,500,000, to remain available
until expended.
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PUBL103
136 STAT. 236
PUBLIC LAW 117–103—MAR. 15, 2022
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $873,901,000, including official representation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2023: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $745,258,000 in fiscal year
2022 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2022 so as to result in a final fiscal year 2022
appropriation estimated at not more than $128,643,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,799,000, to remain available until September 30, 2023:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $11,442,000 in fiscal
year 2022 shall be retained and be available until September 30,
2023, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2022 so as
to result in a final fiscal year 2022 appropriation estimated at
not more than $2,357,000: Provided further, That of the amounts
appropriated under this heading, $1,146,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,800,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2023.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
Compliance.
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Notification.
Time period.
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SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all Federal agencies.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 237
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Waiver authority.
Notification.
Deadline.
Reports.
Reports.
TITLE V
GENERAL PROVISIONS
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(INCLUDING TRANSFER OF FUNDS)
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
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 for any fiscal year, transfer
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
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Lobbying.
PUBL103
136 STAT. 238
Reports.
Time periods.
Pornography.
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135 Stat. 1375.
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PUBLIC LAW 117–103—MAR. 15, 2022
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (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.
SEC. 505. The nineteenth proviso under the heading ‘‘Fossil
Energy and Carbon Management’’ in title III of division J of Public
Law 117–58 is amended by striking ‘‘(b)’’ each place it appears
and inserting ‘‘(h)’’: Provided, That amounts repurposed pursuant
to this section that were previously designated by the Congress
as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of 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.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2022’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 239
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2022
Financial
Services
and General
Government
Appropriations
Act, 2022.
Department of
the Treasury
Appropriations
Act, 2022.
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to State, local, and territorial entities; and
Treasury-wide management policies and programs activities,
$243,109,000: Provided, That of the amount appropriated under
this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2023, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Committee on Foreign Investment in the United States, $20,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts so transferred shall remain available until expended
for expenses of implementing section 721 of the Defense Production
Act of 1950, as amended (50 U.S.C. 4565), and shall be available
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Notification.
PUBL103
136 STAT. 240
PUBLIC LAW 117–103—MAR. 15, 2022
in addition to any other funds available to any department or
agency: Provided further, That fees authorized by section 721(p)
of such Act shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount appropriated
under this heading from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2022,
so as to result in a total appropriation from the general fund
estimated at not more than $0.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, human rights abusers,
money launderers, drug kingpins, and other national security
threats, $195,192,000, of which not less than $3,000,000 shall be
available for addressing human rights violations and corruption,
including activities authorized by the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 2656 note): Provided, That
of the amounts appropriated under this heading, up to $20,000,000
shall remain available until September 30, 2023.
CYBERSECURITY ENHANCEMENT ACCOUNT
For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $80,000,000,
to remain available until September 30, 2024: Provided, That such
funds shall supplement and not supplant any other amounts made
available to the Treasury offices and bureaus for cybersecurity:
Provided further, That of the total amount made available under
this heading $4,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any
other amounts made available to the Treasury Chief Information
Officer.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $6,118,000,
to remain available until September 30, 2024: Provided, That these
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 241
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,275,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which up
to $2,800,000 to remain available until September 30, 2023, shall
be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $174,250,000, of which $5,000,000 shall
remain available until September 30, 2023; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $16,000,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
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SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial
regulation; services authorized by 5 U.S.C. 3109; not to exceed
$25,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $161,000,000, of which not to exceed $55,000,000
shall remain available until September 30, 2024.
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PUBL103
136 STAT. 242
PUBLIC LAW 117–103—MAR. 15, 2022
BUREAU
OF THE
FISCAL SERVICE
SALARIES AND EXPENSES
For necessary expenses of operations of the Bureau of the
Fiscal Service, $355,936,000; of which not to exceed $8,000,000,
to remain available until September 30, 2024, is for information
systems modernization initiatives; and of which $5,000 shall be
available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL
AND
TOBACCO TAX
AND
TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $128,067,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which
not to exceed $50,000 shall be available for cooperative research
and development programs for laboratory services; and provision
of laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under
this heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2023, shall be for the costs
associated with enforcement of and education regarding the trade
practice provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2022 under such section 5136 for circulating coinage and protective service capital investments of the
United States Mint shall not exceed $50,000,000.
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COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public
Law 103–325), including services 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 EX–III,
$295,000,000. Of the amount appropriated under this heading—
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 243
(1) not less than $173,383,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2023, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103–325 (12 U.S.C.
4708), of which up to $3,153,750 may be used for the cost
of direct loans, of which up to $10,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707 (d)), may be available to provide financial assistance,
technical assistance, training, and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities, and of which not less than
$2,000,000 shall be for the Economic Mobility Corps to be
operated in conjunction with the Corporation for National and
Community Service, pursuant to 42 U.S.C. 12571: Provided,
That the cost of direct and guaranteed loans, 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 not to exceed
$25,000,000: Provided further, That of the funds provided under
this paragraph, excluding those made to community development financial institutions to expand investments that benefit
individuals with disabilities and those made to community
development financial institutions that serve populations living
in persistent poverty counties, the CDFI Fund shall prioritize
Financial Assistance awards to organizations that invest and
lend in high-poverty areas: Provided further, That for purposes
of this section, the term ‘‘high-poverty area’’ means any census
tract with a poverty rate of at least 20 percent as measured
by the 2011–2015 5-year data series available from the American Community Survey of the Bureau of the Census for all
States and Puerto Rico or with a poverty rate of at least
20 percent as measured by the 2010 Island areas Decennial
Census data for any territory or possession of the United States;
(2) not less than $21,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2023, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, Tribes and Tribal
organizations, and other suitable providers;
(3) not less than $35,000,000 is available until September
30, 2023, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2023, for
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
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Definition.
Time period.
State and local
governments.
Puerto Rico.
PUBL103
136 STAT. 244
PUBLIC LAW 117–103—MAR. 15, 2022
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $8,500,000 is available until September
30, 2023, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan programs
under section 122 of Public Law 103–325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public
Law shall not apply to the provision of such grants and technical assistance;
(6) up to $33,617,000 is available for administrative
expenses, including administration of CDFI Fund programs
and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for the development of tools to better assess
and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses
to carry out the direct loan program; and
(7) during fiscal year 2022, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A
shall not exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31, 2022:
Provided further, That of the funds awarded under this heading,
except those provided for the Economic Mobility Corps, not
less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this paragraph and paragraph (1), the term ‘‘persistent poverty counties’’
means any county, including county equivalent areas in Puerto
Rico, 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 2011–2015 5-year data
series available from the American Community Survey of the
Bureau of the Census or any other territory or possession
of the United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990, 2000 and 2010 Island Areas Decennial Censuses,
or equivalent data, of the Bureau of the Census.
Termination
date.
12 USC 4713a
note.
Definition.
Puerto Rico.
Time period.
INTERNAL REVENUE SERVICE
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TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,780,606,000, of which
not to exceed $100,000,000 shall remain available until September
30, 2023, of which not less than $11,000,000 shall be for the
Tax Counseling for the Elderly Program, of which not less than
$13,000,000 shall be available for low-income taxpayer clinic grants,
of which not less than $30,000,000, to remain available until September 30, 2023, shall be available for the Community Volunteer
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 245
Income Tax Assistance Matching Grants Program for tax return
preparation assistance, and of which not less than $221,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the
Taxpayer Advocate Service, not less than $5,500,000 shall be for
identity theft and refund fraud casework.
ENFORCEMENT
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,437,622,000, of which not
to exceed $250,000,000 shall remain available until September 30,
2023; of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; of which not to exceed
$21,000,000 shall be for investigative technology for the Criminal
Investigation Division; and of which not more than $75,000,000
shall be available to address the Internal Revenue Service’s paper
inventory of amended returns, correspondence and adjustments to
return filings: Provided, That the amount made available for
addressing paper inventory shall be in addition to amounts made
available for such purpose under the ‘‘Taxpayer Services’’ heading:
Provided further, That the amount made available for investigative
technology for the Criminal Investigation Division shall be in addition to amounts made available for the Criminal Investigation Division under the ‘‘Operations Support’’ heading.
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OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research
and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
the operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner; $4,100,826,000, of
which not to exceed $275,000,000 shall remain available until September 30, 2023; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2024, for
research; of which not less than $10,000,000, to remain available
until expended, shall be available for establishment of an application through which entities registering and renewing registrations
in the System for Award Management may request an authenticated
electronic certification stating that the entity does or does not
have a seriously delinquent tax debt; of which not to exceed $20,000
shall be for official reception and representation expenses; and
of which not more than $5,000,000 shall be available to address
the Internal Revenue Service’s paper inventory of amended returns,
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PUBL103
136 STAT. 246
Reports.
Summaries.
Strategies.
26 USC 7801
note.
Summaries.
PUBLIC LAW 117–103—MAR. 15, 2022
correspondence and adjustments to return filings: Provided, That
the amount made available for addressing paper inventory shall
be in addition to amounts made available for such purpose under
the ‘‘Taxpayer Services’’ heading: Provided further, That not later
than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate and the Comptroller
General of the United States detailing major information technology
investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language
summaries on the status of plans, costs, and results; prior results
and actual expenditures of the prior quarter; upcoming deliverables
and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances;
and total expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget justification
for fiscal year 2023, a summary of cost and schedule performance
information for its major information technology systems.
BUSINESS SYSTEMS MODERNIZATION
Reports.
Summaries.
Strategies.
26 USC 7801
note.
For necessary expenses of the Internal Revenue Service’s business systems modernization program, $275,000,000, to remain available until September 30, 2024, and shall be for the capital asset
acquisition of information technology systems, including management and related contractual costs of said acquisitions, including
related Internal Revenue Service labor costs, and contractual costs
associated with operations authorized by 5 U.S.C. 3109: Provided,
That not later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the Committees
on Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing major
information technology investments in the Internal Revenue Service
Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans, costs,
and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks
and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
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Advance
approval.
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SEC. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
‘‘Enforcement’’ heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 247
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
SEC. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
SEC. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.
SEC. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037).
SEC. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
SEC. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
SEC. 111. The Secretary of the Treasury (or the Secretary’s
delegate) may use the funds made available in this Act, subject
to such policies as the Secretary (or the Secretary’s delegate) may
establish, to utilize direct hire authority to recruit and appoint
qualified applicants, without regard to any notice or preference
requirements, directly to positions in the competitive service to
process backlogged tax returns and return information.
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Procedures.
Confidentiality.
Identify theft.
Notice.
PUBL103
136 STAT. 248
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE PROVISIONS—DEPARTMENT
OF THE
TREASURY
(INCLUDING TRANSFERS OF FUNDS)
Contracts.
Advance
approval.
Advance
approval.
Reimbursement.
Approval
requirement.
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Approval
requirement.
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SEC. 112. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 113. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 114. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 115. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 116. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service—Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 118. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 249
of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the
Senate.
SEC. 119. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s 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. 414) during
fiscal year 2022 until the enactment of the Intelligence Authorization Act for Fiscal Year 2022.
SEC. 120. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 121. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 30 days following
the submission of the annual budget submitted by the President:
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 122. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 123. During fiscal year 2022—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
SEC. 124. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
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Plan.
Deadline.
Reports.
Non profit
organizations.
Applicability.
Determination.
Reports.
PUBL103
136 STAT. 250
PUBLIC LAW 117–103—MAR. 15, 2022
the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
SEC. 125. In addition to amounts otherwise available, there
is appropriated to the Special Inspector General for Pandemic
Recovery, $8,000,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus
Aid, Relief, and Economic Security Act of 2020 (Public Law 116–
136).
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2022’’.
Estimate.
Estimate.
Testimony.
TITLE II
Executive Office
of the President
Appropriations
Act, 2022.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
THE WHITE HOUSE
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
and travel (not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); and not to exceed $19,000 for
official reception and representation expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$65,000,000.
EXECUTIVE RESIDENCE
AT THE
WHITE HOUSE
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OPERATING EXPENSES
For necessary expenses of the Executive Residence at the White
House, $14,050,000, to be expended and accounted for as provided
by 3 U.S.C. 105, 109, 110, and 112–114.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 251
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
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WHITE HOUSE REPAIR
AND
Requirement.
Advance
payment.
Requirement.
Notice.
Deadlines.
Penalties.
Deadline.
Reports.
Records.
RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued
preventative maintenance.
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136 STAT. 252
PUBLIC LAW 117–103—MAR. 15, 2022
COUNCIL
OF
ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,120,000.
NATIONAL SECURITY COUNCIL
AND
HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,500,000, of which not to exceed $6,000 shall
be available for official reception and representation expenses.
OFFICE
OF
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $106,500,000, of which
not to exceed $12,800,000 shall remain available until expended
for continued modernization of information resources within the
Executive Office of the President: Provided, That of the amounts
provided under this heading, up to $4,500,000 shall be available
for a program to provide payments (such as stipends, subsistence
allowances, cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty who
are performing voluntary services in the Executive Office of the
President under section 3111(b) of title 5, United States Code,
or comparable authority and shall be in addition to amounts otherwise available to pay or compensate such individuals: Provided
further, That such payments shall not be considered compensation
for purposes of such section 3111(b) and may be paid in advance.
OFFICE
OF
MANAGEMENT
AND
BUDGET
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SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $116,000,000,
of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 253
Budget, before the Committees on Appropriations or their subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be
expended for the altering of the annual work plan developed by
the Corps of Engineers for submission to the Committees on Appropriations: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant
to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not
more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly: Provided
further, That no later than 14 days after the submission of the
budget of the United States Government for fiscal year 2023, the
Director of the Office of Management and Budget shall make publicly available on a website a tabular list for each agency that
submits budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of 2006)
that shall include, at minimum, the name of the agency, the date
on which the budget justification materials of the agency were
submitted to Congress, and a uniform resource locator where the
budget justification materials are published on the website of the
agency.
Deadline.
Policy reviews.
Notification.
Reports.
Deadline.
Public
information.
Web posting.
List.
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403), including services authorized
by 5 U.S.C. 3109, $1,838,000.
OFFICE
OF
NATIONAL DRUG CONTROL POLICY
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SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended; not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,952,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
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21 USC 1702
note.
PUBL103
136 STAT. 254
PUBLIC LAW 117–103—MAR. 15, 2022
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Deadline.
Submission.
Notification.
Deadlines.
Determination.
Consultation.
Determination.
Notification.
For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$296,600,000, to remain available until September 30, 2023, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
be obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to
$5,800,000 may be used for auditing services and associated activities and $3,500,000 shall be for a new Grants Management System
for use by the Office of National Drug Control Policy: Provided
further, That any unexpended funds obligated prior to fiscal year
2020 may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2021, shall be funded at
not less than the fiscal year 2021 base level, unless the Director
submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels
based on clearly articulated priorities and published Office of
National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2022
funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with
the HIDTA Directors, not later than 90 days after enactment of
this Act: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
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(INCLUDING TRANSFERS OF FUNDS)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $133,617,000, to remain
available until expended, which shall be available as follows:
$106,000,000 for the Drug-Free Communities Program, of which
not more than $11,250,000 is for administrative expenses, and
of which $2,500,000 shall be made available as directed by section
4 of Public Law 107–82, as amended by section 8204 of Public
Law 115–271; $3,000,000 for drug court training and technical
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 255
assistance; $15,000,000 for anti-doping activities; up to $3,167,000
for the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,200,000
for activities authorized by section 103 of Public Law 114–198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That the Director of the Office
of National Drug Control Policy shall, not fewer than 30 days
prior to obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spending plan and explanation of the proposed uses
of these funds.
Time period.
Spending plan.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000,
to remain available until September 30, 2023.
INFORMATION TECHNOLOGY OVERSIGHT
AND
REFORM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the
Federal Government, $8,000,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.
SPECIAL ASSISTANCE
TO THE
PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,839,000.
OFFICIAL RESIDENCE
OF THE
VICE PRESIDENT
OPERATING EXPENSES
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(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $311,000: Provided, That
advances, repayments, or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
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PUBL103
136 STAT. 256
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Advance
approval.
Approval
requirement.
President.
Budget
statement.
Cost estimates.
Time period.
Summary.
Deadline.
Applicability.
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Deadline.
Memorandum.
Compliance.
Effective date.
Apportionment.
Deadlines.
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SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
advance approval of the Committees on Appropriations of the House
of Representatives and the Senate, transfer not to exceed 10 percent
of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided, That
the amount of an appropriation shall not be increased by more
than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. (a) During fiscal year 2022, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2022; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2022.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2022 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
SEC. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and Budget
shall issue a memorandum to all Federal departments, agencies,
and corporations directing compliance with the provisions in title
VII of this Act.
SEC. 204. (a) Beginning not later than 10 days after the date
of enactment of this Act and until the requirements of subsection
(b) are completed, the Office of Management and Budget shall
provide to the Committees on Appropriations and the Budget of
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 257
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the House of Representatives and the Senate each document apportioning an appropriation, pursuant to section 1513(b) of title 31,
United States Code, approved by the Office of Management and
Budget, including any associated footnotes, not later than 2 business
days after the date of approval of such apportionment by the Office
of Management and Budget.
(b) Not later than 120 days after the date of enactment of
this Act, the Office of Management and Budget shall complete
implementation of an automated system to post each document
apportioning an appropriation, pursuant to section 1513(b) of title
31, United States Code, including any associated footnotes, in a
format that qualifies each such document as an Open Government
Data Asset (as defined in section 3502 of title 44, United States
Code), not later than 2 business days after the date of approval
of such apportionment, and shall place on such website each document apportioning an appropriation, pursuant to such section
1513(b), including any associated footnotes, already approved the
current fiscal year, and shall report the date of completion of
such requirements to the Committees on Appropriations and the
Budget of the House of Representatives and Senate.
(c) Each document apportioning an appropriation pursuant to
section 1513(b) of title 31, United States Code, that is posted
on a publicly accessible website pursuant to such section shall
also include a written explanation by the official approving each
such apportionment stating the rationale for any footnotes for
apportioned amounts: Provided, That the Office of Management
and Budget or the applicable department or agency shall make
available classified documentation referenced in any apportionment
at the request of the chair or ranking member of any appropriate
congressional committee or subcommittee.
(d)(1) Not later than 15 days after the date of enactment
of this Act, any delegation of apportionment authority pursuant
to section 1513(b) of title 31, United States Code, that is in effect
as of such date shall be submitted for publication in the Federal
Register: Provided, That any delegation of such apportionment
authority after the date of enactment of this section shall, on
the date of such delegation, be submitted for publication in the
Federal Register: Provided further, That the Office of Management
and Budget shall publish such delegations in a format that qualifies
such publications as an Open Government Data Asset (as defined
in section 3502 of title 44, United States Code) on a public Internet
website, which shall be continuously updated with the position
of each Federal officer or employee to whom apportionment
authority has been delegated.
(2) Not later than 5 days after any change in the position
of the approving official with respect to such delegated apportionment authority for any account is made, the Office shall submit
a report to the appropriate congressional committees explaining
why such change was made.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2022’’.
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Web posting.
Reports.
31 USC 1513
note.
Classified
information.
Federal Register,
publications.
Web posting.
Public
information.
Updates.
Reports.
PUBL103
136 STAT. 258
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE III
Judiciary
Appropriations
Act, 2022.
THE JUDICIARY
SUPREME COURT
OF THE
UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $98,338,000, of
which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and
associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $14,434,000, to remain
available until expended.
UNITED STATES COURT
OF
APPEALS
FOR THE
FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $34,280,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
UNITED STATES COURT
OF INTERNATIONAL
TRADE
SALARIES AND EXPENSES
For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$20,600,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
COURTS
OF
APPEALS, DISTRICT COURTS,
SERVICES
AND
OTHER JUDICIAL
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SALARIES AND EXPENSES
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $5,580,052,000 (including the purchase
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 259
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district
judges (including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired from
office or from regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$9,850,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed
to represent persons under 18 U.S.C. 3006A and 3599, and for
the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with
the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of expenses of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed
under 18 U.S.C. 4100(b); and for necessary training and general
administrative expenses, $1,343,175,000, to remain available until
expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$32,603,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
COURT SECURITY
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing
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PUBL103
136 STAT. 260
PUBLIC LAW 117–103—MAR. 15, 2022
Federal court or Administrative Office of the United States Courts
operations, building ingress-egress control, inspection of mail and
packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100–702),
$704,800,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred
to the United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General: Provided, That funds made available under this heading
may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary,
United States Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and local
governments and the public; and, notwithstanding sections 331,
566(e)(1), and 566(i) of title 28, United States Code, for identifying
and pursuing the voluntary redaction and reduction of personally
identifiable information on the internet of judges and other familial
relatives who live at the judge’s domicile.
ADMINISTRATIVE OFFICE
OF THE
UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $98,545,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $29,885,000; of which $1,800,000
shall remain available through September 30, 2023, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and representation expenses.
UNITED STATES SENTENCING COMMISSION
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SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $20,564,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 261
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
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(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, 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 sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the matter following paragraph 12—
(1) in the second sentence (relating to the District of
Kansas), by striking ‘‘30 years and 6 months’’ and inserting
‘‘31 years and 6 months’’; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘27 years and 6 months’’ and inserting ‘‘28 years
and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘28 years and 6 months’’ and inserting ‘‘29 years and 6 months’’.
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Applicability.
Consultation.
Reimbursement.
PUBL103
136 STAT. 262
PUBLIC LAW 117–103—MAR. 15, 2022
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘19 years’’ and inserting
‘‘20 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘18 years and 6 months’’ and inserting
‘‘19 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘17 years’’ and inserting ‘‘18
years’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2022’’.
TITLE IV
District of
Columbia
Appropriations
Act, 2022.
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Account.
Reports.
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.
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FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$25,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 263
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or attacks in
the District of Columbia or surrounding jurisdictions.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
$257,591,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,366,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the Superior
Court of the District of Columbia, $133,829,000, of which not to
exceed $2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $83,443,000, of which
not to exceed $2,500 is for official reception and representation
expenses; and $25,953,000, to remain available until September
30, 2023, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assessment: Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code,
sec. 1–204.50): Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate,
the District of Columbia Courts may reallocate not more than
$9,000,000 of the funds provided under this heading among the
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.
Apportionment.
Time period.
Time period.
Notice.
Regulations.
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FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
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136 STAT. 264
Apportionment.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Apportionment.
Time period.
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997, $286,426,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not
to exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That, of the
funds appropriated under this heading, $206,006,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of
adults subject to protection orders or the provision of services for
or related to such persons, of which $14,747,000 shall remain available until September 30, 2024, for costs associated with the relocation under replacement leases for headquarters offices, field offices
and related facilities: Provided further, That, of the funds appropriated under this heading, $80,420,000 shall be available to the
Pretrial Services Agency, of which $7,304,000 shall remain available
until September 30, 2024, for costs associated with relocation under
a replacement lease for headquarters offices, field offices, and
related facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided further, That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their
terms of supervision.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $52,598,000, of which
$5,175,000 shall remain available until September 30, 2024, for
salaries and expenses associated with providing representation
pursuant to title III of the Comprehensive Youth Justice Amendment Act of 2016 (D.C. Law 21–238; D.C. Official Code, sec. 24–
403.03), as amended by title VI of the Omnibus Public Safety
and Justice Amendment Act of 2020 (D.C. Law 23–274): Provided,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 265
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender
Service may establish for employees of the District of Columbia
Public Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with,
and receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government: Provided further, That the District of Columbia Public Defender Service may enter into contracts
for the procurement of severable services and multiyear contracts
for the acquisition of property and services to the same extent
and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code.
Apportionment.
Time period.
Contracts.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
For a Federal payment, to remain available until September
30, 2023, to the Commission on Judicial Disabilities and Tenure,
$330,000, and for the Judicial Nomination Commission, $288,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112–10):
Provided, That, to the extent that funds are available for opportunity scholarships and following the priorities included in section
3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such
Act (Public Law 112–10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity scholarships up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000
shall be for the activities specified in section 3009 of the Act.
Scholarships.
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FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the Major
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136 STAT. 266
PUBLIC LAW 117–103—MAR. 15, 2022
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
DISTRICT
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Compliance.
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OF
COLUMBIA FUNDS
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
in the Fiscal Year 2022 Local Budget Act of 2021 (D.C. Act 24–
173) and at rates set forth under such Act, as amended as of
the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A
of the District of Columbia Home Rule Act (section 1–204.50a,
D.C. Official Code), sections 816 and 817 of the Financial Services
and General Government Appropriations Act, 2009 (secs. 47–369.01
and 47–369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2022 under this heading
shall not exceed the estimates included in the Fiscal Year 2022
Local Budget Act of 2021, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District of
Columbia for such fiscal year: Provided further, That the amount
appropriated may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with
all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during
fiscal year 2022, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2022’’.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 267
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE
OF THE
UNITED STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,400,000,
to remain available until September 30, 2023, of which not to
exceed $1,000 is for official reception and representation expenses.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $139,050,000, of which $2,000,000 shall remain available
until expended, to carry out the program, including administrative
costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004).
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ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
SEC. 501. During fiscal year 2022, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard
for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
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Consultation.
Study.
Determination.
Reports.
PUBL103
136 STAT. 268
PUBLIC LAW 117–103—MAR. 15, 2022
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $20,000,000, of which $1,500,000
shall be made available to the National Institute of Standards
and Technology for election reform activities authorized under the
Help America Vote Act of 2002.
State and local
governments.
Northern
Mariana Islands.
Deadline.
Payments.
Deadline.
Reports.
ELECTION SECURITY GRANTS
Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided
to the Election Assistance Commission for necessary expenses to
make payments to States for activities to improve the administration of elections for Federal office, including to enhance election
technology and make election security improvements, as authorized
by sections 101, 103, and 104 of such Act: Provided, That for
purposes of applying such sections, the Commonwealth of the
Northern Mariana Islands shall be deemed to be a State and,
for purposes of sections 101(d)(2) and 103(a) shall be treated in
the same manner as the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ‘‘Administrator of General Services’’ or the ‘‘Administrator’’ in sections 101 and 103 shall be deemed
to refer to the ‘‘Election Assistance Commission’’: Provided further,
That each reference to ‘‘$5,000,000’’ in section 103 shall be deemed
to refer to ‘‘$1,000,000’’ and each reference to ‘‘$1,000,000’’ in section
103 shall be deemed to refer to ‘‘$200,000’’: Provided further, That
not later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That not later than
two years after receiving a payment under this heading, a State
shall make available funds for such activities in an amount equal
to 20 percent of the total amount of the payment made to the
State under this heading: Provided further, That States shall submit
quarterly financial reports and annual progress reports.
FEDERAL COMMUNICATIONS COMMISSION
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SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $381,950,000, to remain available
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 269
until expended: Provided, That $381,950,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I
of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced
as such offsetting collections are received during fiscal year 2022
so as to result in a final fiscal year 2022 appropriation estimated
at $0: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not
exceed $128,621,000 for fiscal year 2022: Provided further, That,
of the amount appropriated under this heading, not less than
$11,854,000 shall be for the salaries and expenses of the Office
of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2021’’ each place it appears and inserting ‘‘December 31, 2022’’.
SEC. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line restrictions
on universal service support payments.
113 Stat. 3998.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$46,500,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $74,500,000, of which not
to exceed $5,000 shall be available for reception and representation
expenses.
FEDERAL LABOR RELATIONS AUTHORITY
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SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
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136 STAT. 270
PUBLIC LAW 117–103—MAR. 15, 2022
elsewhere, $27,398,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703)
for persons employed intermittently in the Government service,
and compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account,
to be available without further appropriation for the costs of carrying out these conferences.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
For necessary expenses of the Environmental Review Improvement Fund established pursuant to 42 U.S.C. 4370m–8(d),
$10,000,000, to remain available until expended.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
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For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $376,530,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $138,000,000 of offsetting collections derived from 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, shall be retained and used for necessary
expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $20,000,000
in offsetting collections derived from fees sufficient to implement
and enforce the Telemarketing Sales Rule, promulgated under the
Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and
be retained and used for necessary expenses in this appropriation:
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 not more than
$218,530,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance
Act (12 U.S.C. 1831t).
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 271
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
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(INCLUDING TRANSFERS OF FUNDS)
Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $9,342,205,000, of which—
(1) $299,476,000 shall remain available until expended for
new construction and acquisition (including funds for sites and
expenses, and associated design and construction services and
feasibility studies), and demolition and related site and security
expenses, of which—
(A) $245,976,000 is for new construction and acquisition, as follows:
Connecticut:
Hartford, U.S. Courthouse, $138,000,000;
Puerto Rico:
San Juan, U.S. Courthouse, $22,476,000;
Tennessee:
Chattanooga, U.S. Courthouse, $85,500,000;
(B) $52,000,000 is for demolition of the buildings
located at 202-220 South State Street in Chicago, Illinois,
and protection of the adjacent buildings during the demolition process, securing the vacant site of the demolished
buildings, and landscaping the vacant site following demolition; and
(C) $1,500,000 is for feasibility studies to assess goals,
scope, customer need, and alternatives for the following
projects:
Arizona:
Nogales, Dennis DeConcini U.S. Land Port of Entry,
$500,000;
Georgia:
Atlanta, Chamblee Campus, $500,000;
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Advance
approvals.
PUBL103
136 STAT. 272
New Mexico:
Santa Teresa, U.S. Land Port of Entry, $500,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of the House
of Representatives and the Senate of a greater amount;
(2) $581,581,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—
(A) $139,893,000 is for Major Repairs and Alterations
as follows:
Alabama:
Selma, U.S. Federal Building and Courthouse, $4,200,000;
District of Columbia:
Regional Office Building, Phase 2, $4,941,000;
Maryland:
Suitland, Suitland Federal Campus, $20,000,000;
Michigan:
Detroit, Patrick V. McNamara Federal Building Garage,
$1,208,000;
Mississippi:
Hattiesburg, William M. Colmer Federal Building and U.S.
Courthouse, $27,000,000;
Vicksburg, Mississippi River Commission Building,
$23,749,000;
Washington:
Tacoma, Tacoma Union Station, $3,395,000;
West Virginia:
Clarksburg, Clarksburg Post Office and U.S. Courthouse,
$55,400,000;
(B) $388,710,000 is for Basic Repairs and Alterations;
and
(C) $52,978,000 is for Special Emphasis Programs as
follows:
Childcare Facilities Security and Systems Improvements,
$15,000,000;
Consolidation Activities, $8,178,000;
Fire Protection and Life Safety, $10,000,000; and
Judiciary Capital Security Program, $19,800,000:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate
of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from
the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the amounts provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum
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Compliance.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 273
standards for security in accordance with current law and
in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further,
That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ‘‘Repairs and Alterations’’, may be transferred to ‘‘Basic
Repairs and Alterations’’ or used to fund authorized increases
in prospectus projects: Provided further, That the amount provided in this or any prior Act for ‘‘Basic Repairs and Alterations’’ may be used to pay claims against the Government
arising from any projects under the heading ‘‘Repairs and Alterations’’ or used to fund authorized increases in prospectus
projects;
(3) $5,665,148,000 for rental of space to remain available
until expended; and
(4) $2,796,000,000 for building operations to remain available until expended: Provided, That the total amount of funds
made available from this Fund to the General Services Administration shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a prospectus,
if required by 40 U.S.C. 3307(a), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund
during fiscal year 2022, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and
shall not be available for expenditure except as authorized
in appropriations Acts.
Proposed
prospectus.
GENERAL ACTIVITIES
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GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $68,720,000.
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136 STAT. 274
PUBLIC LAW 117–103—MAR. 15, 2022
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, and management; and services as authorized
by 5 U.S.C. 3109; $52,540,000, of which not to exceed $7,500 is
for official reception and representation expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of Contract
Appeals, $9,580,000, of which $2,000,000 shall remain available
until September 30, 2023.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $69,000,000: Provided, That
not to exceed $50,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $5,000,000.
FEDERAL CITIZEN SERVICES FUND
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604;
and for necessary expenses in support of interagency projects that
enable the Federal Government to enhance its ability to conduct
activities electronically, through the development and implementation of innovative uses of information technology; $55,000,000, to
be deposited into the Federal Citizen Services Fund: Provided,
That the previous amount may be transferred to Federal agencies
to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available
until expended for necessary expenses of Federal Citizen Services
and other activities that enable the Federal Government to enhance
its ability to conduct activities electronically in the aggregate
amount not to exceed $150,000,000: Provided further, That appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2022 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided further, That
the transfer authorities provided herein shall be in addition to
any other transfer authority provided in this Act: Provided further,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 275
That of the total amount appropriated, up to $5,000,000 shall
be available for support functions and full-time hires to support
activities related to the Administration’s requirements under Title
II of the Foundations for Evidence-Based Policy-making Act of
2018 (Public Law 115-435).
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $4,000,000, to remain
available until expended.
WORKING CAPITAL FUND
For the Working Capital Fund of the General Services Administration, $4,000,000, to remain available until expended, for necessary costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal rulemaking
agencies.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
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(INCLUDING TRANSFER OF FUNDS)
SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2022 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2023 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced,
or expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
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Advance
approval.
Courts.
Study.
Determination.
Notification.
PUBL103
136 STAT. 276
Contracts.
Determination.
Statement.
Spending plan.
Deadline.
Contracts.
Site selection.
Reports.
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Summary.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. With respect to E–Government projects funded under
the heading ‘‘Federal Citizen Services Fund’’, the Administrator
of General Services shall submit a spending plan and explanation
for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
SEC. 527. Section 323 of title 40, United States Code, is
amended by adding at the end a new subsection:
‘‘(f) The Administrator may enter into agreements with federal
agencies to provide services through the Fund on a fully reimbursable basis.’’.
SEC. 528. Section 3173(d)(1) of title 40, United States Code,
is amended by inserting before the period the following: ‘‘or for
agency-wide acquisition of equipment or systems or the acquisition
of services in lieu thereof, as necessary to implement the Act’’.
SEC. 529. Section 3173(b)(1) of title 40, United States Code,
is amended by inserting ‘‘, including advance payments,’’ after
‘‘Amounts received’’.
SEC. 530. (a) The Administrator of the General Services
Administration shall select a site from one of the three listed
in the General Services Administration Fiscal Year 2017 PNCR–
FBI–NCR17 prospectus for a new fully consolidated Federal Bureau
of Investigations (FBI) headquarters. Such decision shall be made
in as expeditious manner as possible.
(b) Within 180 days of selecting a site, the General Services
Administrator shall transmit to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of
the Senate, a report on the construction of a new headquarters
for the FBI in the National Capital Region.
(c) The report transmitted under subsection (b) shall be consistent with the requirements of section 3307(b) of title 40, United
States Code, and include a summary of the material provisions
of the construction and consolidation of the FBI in a new headquarters facility, including all the costs associated design, management, and inspection, and a description of all buildings and infrastructure needed to complete the project.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 277
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$2,500,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$45,825,000, to remain available until September 30, 2023, and
in addition not to exceed $2,345,000, to remain available until
September 30, 2023, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL
AND
STEWART L. UDALL FOUNDATION
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
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(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall and Stewart L. Udall
Foundation, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act, up to $1,000,000 shall be available to carry out
the activities authorized by section 6(7) of Public Law 102–259
and section 817(a) of Public Law 106–568 (20 U.S.C. 5604(7)):
Provided, That all current and previous amounts transferred to
the Office of Inspector General of the Department of the Interior
will remain available until expended for audits and investigations
of the Morris K. Udall and Stewart L. Udall Foundation, consistent
with the Inspector General Act of 1978 (5 U.S.C. App.), as amended,
and for annual independent financial audits of the Morris K. Udall
and Stewart L. Udall Foundation pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107–289): Provided further,
That previous amounts transferred to the Office of Inspector General of the Department of the Interior may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual independent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107–289).
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136 STAT. 278
PUBLIC LAW 117–103—MAR. 15, 2022
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,296,000, to remain available
until expended.
NATIONAL ARCHIVES
AND
RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board,
the operations and maintenance of the electronic records archives,
the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $388,310,000, of which $29,000,000
shall remain available until expended for expenses necessary to
enhance the Federal Government’s ability to electronically preserve,
manage, and store Government records, and of which up to
$2,000,000 shall remain available until expended to implement
the Civil Rights Cold Case Records Collection Act of 2018 (Public
Law 115–426).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,968,000.
REPAIRS AND RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and
to provide adequate storage for holdings, $71,000,000, to remain
available until expended, of which $11,500,000 is for the Harry
S. Truman Library Institute for National and International Affairs
in Kansas City, Missouri, and of which $20,000,000 is for the
Ulysses S. Grant Presidential Library in Starkville, Mississippi:
Provided, That such funds may be transferred directly to the Truman Library Institute and to Mississippi State University and
maybe used for improvements to library grounds and construction
and related activities.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
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GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$7,000,000, to remain available until expended.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 279
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
SEC. 531. For an additional amount for ‘‘National Historical
Publications and Records Commission Grants Program’’, $5,265,000,
which shall be for initiatives in the amounts and for the projects
specified in the table that appears under the heading ‘‘Administrative Provisions—National Archives and Records Administration’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That none
of the funds made available by this section may be transferred
for any other purpose.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,545,000
shall be available until September 30, 2023, for technical assistance
to low-income designated credit unions.
OFFICE
OF
GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Representative
Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act, including services as authorized by 5 U.S.C. 3109, rental
of conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $19,158,000.
OFFICE
OF
PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
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(INCLUDING TRANSFERS OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; and payment of per
diem and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight at
his or her post of duty, $164,934,000: Provided, That of the total
amount made available under this heading, $8,842,000 shall remain
available until expended, for information technology infrastructure
modernization and Trust Fund Federal Financial System migration
or modernization, and shall be in addition to funds otherwise made
available for such purposes: Provided further, That of the total
amount made available under this heading, $1,073,201 may be
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136 STAT. 280
Donations.
Notification.
Approval.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
made available for strengthening the capacity and capabilities of
the acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management; and in addition $174,714,000 for administrative expenses, to be transferred from the appropriate trust funds
of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That
no part of this appropriation shall be available for salaries and
expenses of the Legal Examining Unit of OPM established pursuant
to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2022, accept
donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may
be used for the development of publicity materials to provide
information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized
by subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 40
U.S.C. 11301 note): Provided further, That the Director of the
OPM shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer under the preceding
proviso: Provided further, That amounts transferred to such a fund
under such transfer authority from any organizational category
of the OPM shall not exceed 5 percent of each such organizational
category’s budget as identified in the report required by section
608 of this Act: Provided further, That amounts transferred to
such a fund shall remain available for obligation through September
30, 2025.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
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(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,150,000, and in addition, not to exceed
$28,083,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
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136 STAT. 281
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE
OF
SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles, $30,385,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $17,510,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.
PRIVACY
AND
CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$9,800,000, to remain available until September 30, 2023.
PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES
For salaries and expenses of the Public Buildings Reform Board
in carrying out the Federal Assets Sale and Transfer Act of 2016
(Public Law 114–287), $3,605,000, to remain available until
expended.
SECURITIES
AND
EXCHANGE COMMISSION
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SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,988,550,000, to remain
available until expended; of which not less than $17,649,400 shall
be for the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations
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136 STAT. 282
PUBLIC LAW 117–103—MAR. 15, 2022
and meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations and
staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission’s Fort Worth Regional Office facilities, not to exceed
$6,746,000, to remain available until expended; and for move, replication, and related costs associated with a replacement lease for
the Commission’s San Francisco Regional Office facilities, not to
exceed $4,367,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal
year 2022, all amounts appropriated under this heading shall be
deemed to be the regular appropriation to the Commission for
fiscal year 2022: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $1,988,550,000 of such offsetting collections shall be available until expended for necessary expenses of
this account; not to exceed $6,746,000 of such offsetting collections
shall be available until expended for move, replication, and related
costs under this heading associated with a replacement lease for
the Commission’s Fort Worth Regional Office facilities; and not
to exceed $4,367,000 of such offsetting collections shall be available
until expended for move, replication, and related costs under this
heading associated with a replacement lease for the Commission’s
San Francisco Regional Office facilities: Provided further, That the
total amount appropriated under this heading from the general
fund for fiscal year 2022 shall be reduced as such offsetting fees
are received so as to result in a final total fiscal year 2022 appropriation from the general fund estimated at not more than $0: Provided
further, That if any amount of the appropriation for move, replication, and related costs associated with a replacement lease for
the Commission’s Fort Worth Regional Office facilities or if any
amount of the appropriation for move, replication, and related costs
associated with a replacement lease for the Commission’s San Francisco Regional Office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general fund
shall be returned to the general fund, and such amounts that
were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee) in fiscal year 2022.
SELECTIVE SERVICE SYSTEM
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SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 283
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $29,200,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
for or in connection with the induction of any person into the
Armed Forces of the United States.
President.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States
Code, and not to exceed $3,500 for official reception and representation expenses, $278,378,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2022: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2023.
Fees.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
For necessary expenses of programs supporting entrepreneurial
and small business development, $290,150,000, to remain available
until September 30, 2023: Provided, That $138,000,000 shall be
available to fund grants for performance in fiscal year 2022 or
fiscal year 2023 as authorized by section 21 of the Small Business
Act: Provided further, That $37,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $20,000,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
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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,
$22,671,000.
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PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE OF ADVOCACY
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,466,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $6,000,000, 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 subject
to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2022 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958 shall not exceed
$11,000,000,000: Provided further, That during fiscal year 2022
commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act
shall not exceed $30,000,000,000 for a combination of amortizing
term loans and the aggregated maximum line of credit provided
by revolving loans: Provided further, That during fiscal year 2022
commitments for loans authorized under subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 (15
U.S.C. 696(7)) shall not exceed $4,000,000,000: Provided further,
That during fiscal year 2022 commitments to guarantee loans for
debentures under section 303(b) of the Small Business Investment
Act of 1958 shall not exceed $5,000,000,000: Provided further, That
during fiscal year 2022, guarantees of trust certificates authorized
by section 5(g) of the Small Business Act shall not exceed a principal
amount of $13,000,000,000. In addition, for administrative expenses
to carry out the direct and guaranteed loan programs, $163,000,000,
which may be transferred to and merged with the appropriations
for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act,
$178,000,000, to be available until expended, of which $1,600,000
is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$168,000,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $8,400,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses:
Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)): Provided further, That the amount for
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PUBL103
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136 STAT. 285
major disasters under this heading is designated by 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.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration 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 paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under
the headings ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program
Account’’ may be transferred to the Administration’s information
technology system modernization and working capital fund (IT
WCF), as authorized by section 1077(b)(1) of title X of division
A of the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain available
for obligation through September 30, 2025.
SEC. 542. For an additional amount for ‘‘Small Business
Administration—Salaries and Expenses’’, $83,022,000, which shall
be for initiatives related to small business development and
entrepreneurship, including programmatic and construction activities, in the amounts and for the projects specified in the table
that appears under the heading ‘‘Administrative Provisions—Small
Business Administration’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That, notwithstanding sections 2701.92 and 2701.93
of title 2, Code of Federal Regulations, the Administrator of the
Small Business Administration may permit awards to subrecipients
for initiatives funded under this section: Provided further, That
none of the funds made available by this section may be transferred
for any other purpose.
Advance
approval.
Grants.
Contracts.
UNITED STATES POSTAL SERVICE
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PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $52,570,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
rule, regulation, or policy of charging any officer or employee of
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PUBL103
136 STAT. 286
PUBLIC LAW 117–103—MAR. 15, 2022
any State or local child support enforcement agency, or any individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010 (Public
Law 111–241).
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$262,000,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES
Certificate.
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000
for official reception and representation expenses; $57,783,000, of
which $1,000,000 shall remain available until expended: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION OF FUNDS)
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Contracts.
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SEC. 601. 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.
SEC. 602. 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.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, 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.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
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136 STAT. 287
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. 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 chapter 83 of title 41,
United States Code.
SEC. 607. 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 chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in 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 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 the Committee on Appropriations of either the House
of Representatives or the Senate 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 or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, 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
House of Representatives and the Senate to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the report
shall include: (1) a table for each appropriation, detailing both
full-time employee equivalents and budget authority, with separate
columns 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) 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, in the accompanying
report, or in the budget appendix for the respective appropriation,
whichever is more detailed, and which shall apply to all items
for which a dollar amount is specified and to all programs for
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Compliance.
Advance
approval.
Consultation.
Reports.
Applicability.
PUBL103
136 STAT. 288
Penalties.
Approval request.
Compliance.
Background
investigations.
Determination.
Tax exemption.
Time period.
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Abortion.
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PUBLIC LAW 117–103—MAR. 15, 2022
which new budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an identification
of items of special congressional interest: Provided further, That
the amount appropriated or limited for salaries and expenses for
an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Congress.
SEC. 609. 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 Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
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136 STAT. 289
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.
SEC. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
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Contracts.
Consultation.
President.
Definition.
PUBL103
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Reports.
Compliance.
Allocation.
Consultation.
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(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.
SEC. 623. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II: Provided further, That any such alternative mechanism shall maintain existing high-cost support to
competitive eligible telecommunications carriers until support under
such mechanism commences.
SEC. 624. No funds provided in this Act shall 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, 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. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
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136 STAT. 291
other materials in a timely manner. 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. 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.
SEC. 625. (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 activities, or other law enforcement- or victim assistance-related activity.
SEC. 626. None of the funds appropriated or other-wise 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 and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulation.
SEC. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department, agency,
board or commission funded by this Act of more than $500,000
at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice
is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may
be used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any single
conference occurring outside the United States unless the agency
or entity determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes
the basis of that determination.
SEC. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the employees
of executive branch agencies funded by this Act in contravention
of sections 301–10.122 through 301–10.125 of title 41, Code of
Federal Regulations.
SEC. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended,
shall be provided for an additional amount for such purpose to
the Inspectors General Council Fund established pursuant to section
11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.):
Provided, That these amounts shall be in addition to any amounts
or any authority available to the Council of the Inspectors General
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Compliance.
Reports.
Pornography.
Contracts.
Determination.
Conference
attendees.
Determinations.
Notifications.
PUBL103
136 STAT. 292
Notification.
Requirement.
Requirement.
Reports.
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on Integrity and Efficiency under section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.).
SEC. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public relations,
as that term is defined in Office and Management and Budget
Circular A–87 (revised May 10, 2004), unless advance notice of
such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 631. 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 U.S. 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.
SEC. 632. 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,
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.
SEC. 633. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the Senate and the House of Representatives a quarterly budget report that includes total obligations of
the Agency for that quarter for each appropriation, by the source
year of the appropriation.
SEC. 635. Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by
section 9703 of title 31, United States Code, $175,000,000 shall
be permanently rescinded not later than September 30, 2022.
SEC. 636. (a) DESIGNATION.—The Federal building and courthouse located at 2005 University Boulevard in Tuscaloosa, Alabama,
shall be known and designated as the ‘‘Richard Shelby Federal
Building and Courthouse’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building and courthouse referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Richard Shelby Federal Building
and Courthouse’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 293
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,
AND
CORPORATIONS
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(INCLUDING TRANSFER OF FUNDS)
SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2022 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $19,947 except station
wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for policetype vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall
not apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person
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Drug-free
workplace.
31 USC 1343
note.
5 USC 3101 note.
PUBL103
136 STAT. 294
Affidavits.
Affidavits.
Penalties.
Time period.
Time period.
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who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 295
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
5, United States Code, (pursuant to schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations) unless
the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director
of the Office of Personnel Management that the schedule C position
occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from
an element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))).
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
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Notification.
Definition.
Certification.
PUBL103
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Lobbying.
Approval
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PUBLIC LAW 117–103—MAR. 15, 2022
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other 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.
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 297
as mailing, telephone, or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the
Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including
improving coordination and reducing duplication, as approved by
the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31
U.S.C. 1120, and not to exceed $17,000,000 for Government-wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ‘‘General Services
Administration, Government-wide Policy’’ during fiscal year 2022
shall remain available for obligation through September 30, 2023:
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Definitions.
Reimbursement.
Approval.
Consultation.
PUBL103
136 STAT. 298
Time period.
Notification.
Breastfeeding.
Reports.
Compliance.
Applicability.
Data.
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Provided further, That such transfers or reimbursements may only
be made after 15 days following notification of the Committees
on Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346 , or section 708
of this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science, Space, and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
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136 STAT. 299
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no executive branch 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 the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, 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 which cannot be accommodated in
existing Centers facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story
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Contracts.
Drugs and drug
abuse.
Contraceptives.
Religion.
Discrimination.
Abortion.
Anti-doping.
Contracts.
Advance
approval.
News stories.
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Contracts.
Determination.
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intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations implementing that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2022, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
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136 STAT. 301
such term in the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2022, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2022, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2022, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A)
by more than the sum of—
(i) the percentage adjustment taking effect in fiscal
year 2022 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(ii) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 2022 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
the previous fiscal year under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which paragraph (1) is in effect at a rate that exceeds the
rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2021, shall
be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2021, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2021.
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Time periods.
5 USC 5343 note.
Determination.
Regulations.
Determination.
Applicability.
PUBL103
136 STAT. 302
Determination.
Locality pay.
Effective date.
Reports.
Contracts.
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Cost statement.
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PUBLIC LAW 117–103—MAR. 15, 2022
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2022 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2021.
SEC. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2022 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 303
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any entity
without an Inspector General, of the date, location, and number
of employees attending a conference held by any Executive branch
department, agency, board, commission, or office funded by this
or any other appropriations Act during fiscal year 2022 for which
the cost to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed in
the President’s budget request for a fiscal year until such proposed
change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
SEC. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
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Deadline.
Time period.
Notification.
Grants.
Contracts.
Contracts.
Grants.
Confidentiality
agreements.
PUBL103
136 STAT. 304
Nondisclosure
agreements.
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Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Tax liability.
Determination.
Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Criminal
violations.
Time period.
Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified information,
(2) communications to Congress, (3) the reporting to an Inspector
General or the Office of Special Counsel of a violation of any
law, rule, or regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions are incorporated into this agreement and are controlling.’’: Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum, require
that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do
so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation
of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).
SEC. 744. 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 the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 745. 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
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 305
is aware of the conviction, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. (a) During fiscal year 2022, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public website.
SEC. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to
the Vice President during calendar year 2022 shall be the rate
payable to the Vice President on December 31, 2021, by operation
of section 748 of division E of Public Law 116–260.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2022 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive Schedule
rate, shall be the rate payable for the applicable Executive Schedule
level on December 31, 2021, by operation of section 748 of division
E of Public Law 116–260. Such an employee may not receive a
rate increase during calendar year 2022, except as provided in
subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96–465) or any other provision of law, a
chief of mission or ambassador at large is subject to subsection
(b) in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to—
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for level
IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under a
political appointment and paid a rate of basic pay at or above
the official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not
receive a pay rate increase during calendar year 2022, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality- based payments
under section 5304 of title 5, United States Code, or similar
authority) at or above the official rate for level IV of the Executive
Schedule who serves under a political appointment may not receive
a pay rate increase during calendar year 2022, except as provided
in subsection (i). This subsection does not apply to employees in
the General Schedule pay system or the Foreign Service pay system,
to employees appointed under section 3161 of title 5, United States
Code, or to employees in another pay system whose position would
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Notification.
Public
information.
Web posting.
Effective date.
5 USC 5303 note.
Effective date.
Applicability.
PUBL103
136 STAT. 306
Effective date.
Effective date.
Applicability.
Definition.
Effective date.
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Notification.
Apportionments.
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PUBLIC LAW 117–103—MAR. 15, 2022
be classified at GS–15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time as
that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law
96–465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if that
new position has higher-level duties and a pre-established level
or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must
be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2021, by operation of section
748 of division E of Public Law 116–260.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable limitations on payable rates
of pay in effect on December 31, 2021, by operation of section
748 of division E of Public Law 116–260.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2022 but ends
in calendar year 2023, the bar on the employee’s receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ‘‘covered position’’
means a position occupied by an employee whose pay is restricted
under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2022.
SEC. 748. (a) Each department or agency of the executive branch
of the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives
and the Senate and any other appropriate congressional committees
if—
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department
or agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department
or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by
such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 307
SEC. 749. (a) Any non-Federal entity receiving funds provided
in this or any other appropriations Act for fiscal year 2022 that
are specified in the disclosure table submitted in compliance with
clause 9 of rule XXI of the Rules of the House of Representatives
or Rule XLIV of the Standing Rules of the Senate that is included
in the report or explanatory statement accompanying any such
Act shall be deemed to be a recipient of a Federal award with
respect to such funds for purposes of the requirements of 2 C.F.R.
200.334, regarding records retention, and 2 C.F.R. 200.337,
regarding access by the Comptroller General of the United States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or
any existing authority of the Comptroller General.
SEC. 750. Section 15010(a)(6) of division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116–136) is
amended—
(1) in subparagraph (D), by striking ‘‘or’’;
(2) in subparagraph (E), by striking ‘‘; and’’ and inserting
‘‘; or’’; and
(3) by inserting after subparagraph (E), the following:
‘‘(F) the American Rescue Plan Act of 2021 (Public
Law 117–2); and’’.
SEC. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available by
this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination with,
participation in, or recommendations involving, activities of the
U.S. Army Medical Research and Development Command, the
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
SEC. 752. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
5 USC app. 11
note.
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
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(INCLUDING TRANSFERS OF FUNDS)
SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, 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
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Propaganda.
Lobbying.
PUBL103
136 STAT. 308
Advance
approval.
Termination
date.
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Definition.
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PUBLIC LAW 117–103—MAR. 15, 2022
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2022.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 309
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
SEC. 810. No funds available for obligation or expenditure by
the District of Columbia government under any authority shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2022 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
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Voting rights.
Needle
distribution.
Contraceptives.
Conscience
exception.
Penalties.
Drugs and drug
abuse.
Abortion.
Deadline.
Operating
budget.
Applicability.
Certification.
PUBL103
136 STAT. 310
Deadline.
Operating
budget.
Time period.
Advance
approval.
Compliance.
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Time period.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal 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.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2022 from appropriations of Federal funds 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 Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.
SEC. 816. (a)(1) During fiscal year 2023, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act referred
to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a proposed
budget is approved for fiscal year 2023 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute
the local portion of the annual budget for the District of Columbia
government for fiscal year 2023 for purposes of section 446 of
the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
Code).
(b) Appropriations made by subsection (a) shall cease to be
available—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 311
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(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2023 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2023.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2023 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2023 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9–1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ‘‘Long Bridge Project’’ means the
project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
SEC. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
budget report that includes total obligations of the Agency for
that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
SEC. 819. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2022’’.
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Applicability.
Definition.
Virginia.
Time period.
Reports.
PUBL103
136 STAT. 312
PUBLIC LAW 117–103—MAR. 15, 2022
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2022
Department of
Homeland
Security
Appropriations
Act, 2022.
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
OPERATIONS AND SUPPORT
Submission.
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $236,053,000;
of which $23,204,000 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: Provided
further, That $5,000,000 shall be withheld from obligation until
the Secretary submits, to the Committees on Appropriations of
the Senate and the House of Representatives, responses to all
questions for the record for each hearing on the fiscal year 2023
budget submission for the Department of Homeland Security held
by such Committees prior to July 1.
FEDERAL ASSISTANCE
(INCLUDING TRANSFER 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, $35,000,000,
which shall be transferred to ‘‘Federal Emergency Management
Agency—Federal Assistance’’, of which $20,000,000 shall be for
targeted violence and terrorism prevention grants and of which
$15,000,000 shall be for an Alternatives to Detention Case Management pilot program, to remain available until September 30, 2023:
Provided, That the amounts made available for the pilot program
shall be awarded as described in the first proviso under this heading
in title I of division F of Public Law 116–260 and services shall
be provided as described in the second and third such provisos.
MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet modernization,
$1,637,009,000, of which $33,500,000 shall remain available until
September 30, 2023: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
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PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $491,816,000, of
which $132,116,000 shall remain available until September 30,
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 313
2024, and of which $359,700,000 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, $298,171,000, of which $89,672,000 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.
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ADMINISTRATIVE PROVISIONS
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees
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Reports.
Grants.
Contracts.
Time period.
Review.
Assessment.
Compliance.
Budget.
Reports.
Contracts.
Award fees.
Consultation.
Notifications.
PUBL103
136 STAT. 314
Briefing.
Deadline.
Contracts.
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Cost estimate.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 106. (a) The Under Secretary for Management shall brief
the Committees on Appropriations of the Senate and the House
of Representatives not later than 30 days after the end of each
fiscal quarter on all Level 1 and Level 2 acquisition programs
on the Master Acquisition Oversight list between Acquisition Decision Event 1 and Full Operational Capability, including programs
that have been removed from such list during the preceding quarter.
(b) For each such program without a department-approved
acquisition program baseline, the briefing described in subsection
(a) shall include—
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition; and
(2) the Acquisition Review Board status, including—
(A) the current acquisition phase;
(B) the date and purpose of the most recent review;
and
(C) whether the program has been paused or is in
breach status.
(c) For each such program with a department-approved acquisition program baseline, the briefing described in subsection (a) shall
include—
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current
acquisition program baseline;
(3) the Acquisition Review Board status, including—
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program’s current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, including—
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate; and
(C) a description of and rationale for any changes
to the estimate during the prior fiscal year;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 315
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors;
and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(d) The Under Secretary for Management shall submit each
approved Acquisition Decision Memoranda for programs described
in this section to the Committees on Appropriations of the Senate
and the House of Representatives not later than five business
days after the date of approval of such memorandum by the Under
Secretary for Management or the designee of the Under Secretary.
SEC. 107. (a) No Federal funds made available to the Department of Homeland Security may be obligated for any pilot or demonstration program that uses more than 5 full-time equivalents
or costs in excess of $1,000,000 until 30 days after the date on
which the Under Secretary for Management of the Department
of Homeland Security provides the following to the Committees
on Appropriations of the Senate and the House of Representatives
for such program:
(1) Objectives that are well-defined and measurable;
(2) An assessment methodology that details—
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting such
data; and
(C) how such data will be analyzed;
(3) An implementation plan, including milestones, a cost
estimate, and schedule, including an end date; and
(4) A signed interagency agreement or memorandum of
agreement for any pilot or demonstration program involving
the participation of more than one Department of Homeland
Security component or that of an entity not part of such Department.
(b) Not later than 30 days after the date of completion of
a pilot or demonstration program described in subsection (a), the
Under Secretary for Management of the Department of Homeland
Security shall provide a report to the Committees on Appropriations
of the Senate and the House of Representatives detailing lessons
learned, actual costs, and any planned expansion or continuation
of the pilot or demonstration program.
(c) For the purposes of this section, a pilot or demonstration
program is a policy implementation, study, demonstration, experimental program, or trial that is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs,
or adverse events, and improve upon the design of an effort prior
to implementation of a larger scale effort.
SEC. 108. (a) Amounts provided in title II of division B of
Public Law 117–70 for ‘‘Office of the Secretary and Executive
Management—Operations and Support’’ are available for providing
reimbursement to airports and airport operators for costs incurred
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Summary.
Estimates.
Listing.
Memorandums.
Deadline.
Time period.
Assessment.
Implementation
plan.
Cost estimate.
Schedule.
Contracts.
Memorandums.
Reports.
Reimbursements.
Time period.
PUBL103
136 STAT. 316
PUBLIC LAW 117–103—MAR. 15, 2022
between August 1, 2021, and September 30, 2022, for activities
directly and demonstrably related to Operation Allies Welcome.
(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 or a concurrent resolution on the budget 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.
TITLE 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 alien minors; 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;
$13,756,194,000; 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
$700,000,000 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 $5,000,000
may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used
by the U.S. Border Patrol.
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PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
for
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For necessary expenses of U.S. Customs and Border Protection
procurement, construction, and improvements, including
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 317
procurement of marine vessels, aircraft, and unmanned aerial systems, $572,083,000, of which $93,425,000 shall remain available
until September 30, 2024; and of which $478,658,000 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; $8,206,526,000; 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
$4,175,786,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied alien minors:
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 aliens unlawfully present in the United
States: Provided further, That of the amounts made available under
this heading in this Act for Executive Leadership and Oversight,
$5,000,000 shall not be available for obligation until the reports
directed under this heading by the explanatory statements accompanying Public Laws 116–6, 116–93, and 116–260 have been submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
Reimbursements.
Reports.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
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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.
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PUBL103
136 STAT. 318
PUBLIC LAW 117–103—MAR. 15, 2022
TRANSPORTATION SECURITY ADMINISTRATION
OPERATIONS AND SUPPORT
For necessary expenses of the Transportation Security Administration for operations and support, $8,091,193,000, 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-fordollar 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 $5,981,193,000.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements,
$160,736,000, 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
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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; $9,162,120,000, 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 $5,000,000
shall remain available until September 30, 2024; of which
$27,456,000 shall remain available until September 30, 2026, for
environmental compliance and restoration; and of which
$70,000,000 shall remain available until September 30, 2023, which
shall only be available for vessel depot level maintenance: Provided,
That not to exceed $23,000 shall be for official reception and representation expenses.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 319
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, $2,030,100,000, 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));
and of which such sums as were deposited into the Coast Guard
Housing Fund prior to fiscal year 2021 that remain unavailable
for obligation shall be available to carry out the purposes of section
2946 of title 14, United States Code, in addition to amounts otherwise available for such purposes, and shall be derived from such
deposits.
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
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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
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PUBL103
136 STAT. 320
PUBLIC LAW 117–103—MAR. 15, 2022
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; $2,554,729,000; of which
$53,321,000 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 $17,000,000 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
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Applicability.
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SEC. 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’’.
SEC. 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.
SEC. 203. As authorized by section 601(b) of the United StatesColombia 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.
SEC. 204. (a) 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 321
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.
(b) 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.
SEC. 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).
SEC. 206. (a) 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.
(b) 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.
SEC. 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.
SEC. 208. (a) 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
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Drugs and drug
abuse.
Applicability.
Time period.
Consultation.
Notification.
Deadline.
Waivers.
Effective date.
Definition.
Deadline.
Expenditure
plan.
PUBL103
136 STAT. 322
Applicability.
Determination.
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Contracts.
6 USC 211 note.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
(b) No such amounts may be obligated prior to the submission
of such plan.
SEC. 209. Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’, $572,083,000 shall be available only as follows:
(1) $276,000,000 for the acquisition and deployment of
border security technologies;
(2) $99,653,000 for trade and travel assets and infrastructure;
(3) $93,425,000 for facility construction and improvements;
(4) $72,395,000 for integrated operations assets and infrastructure; and
(5) $30,610,000 for mission support and infrastructure.
SEC. 210. 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.
SEC. 211. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of U.S.
Customs and Border Protection.
(b) 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.
SEC. 212. Section 411(o)(3) of the Homeland Security Act of
2002 (6 U.S.C. 211(o)(3)), is amended by striking ‘‘170’’ and inserting
‘‘250’’.
SEC. 213. For an additional amount for ‘‘U.S. Customs and
Border Protection—Operations and Support’’, $100,000,000, to
remain available until September 30, 2023, in addition to amounts
otherwise available for such purposes, for Border Patrol hiring
and contractors, retention and relocation incentives and contract
support.
SEC. 214. 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.
SEC. 215. (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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 323
(b) The performance evaluations referenced in subsection (a)
shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.
SEC. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 217. The reports required to be submitted under section
216 of the Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116–260) shall continue to be submitted semimonthly and each matter required to be included in
such report by such section 216 shall apply in the same manner
and to the same extent during the period described in this section.
SEC. 218. 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.
SEC. 219. 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.
SEC. 220. 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.
SEC. 221. 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.
SEC. 222. 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).
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Aliens.
Time period.
Applicability.
8 USC 1378a
note.
Applicability.
Explosives
detection system.
Contracts.
Explosives
detection system.
Reports.
Plans.
PUBL103
136 STAT. 324
Vessels.
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Investment plan.
Requirements.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 223. (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.
SEC. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of
such section, up to the following amounts may be reprogrammed
within ‘‘Coast Guard—Operations and Support’’—
(1) $10,000,000 to or from the ‘‘Military Personnel’’ funding
category; and
(2) $10,000,000 between the ‘‘Field Operations’’ funding
subcategories.
SEC. 225. 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.
SEC. 226. 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 terrorism may be reallocated
by program, project, and activity, notwithstanding section 503 of
this Act.
SEC. 227. 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.
SEC. 228. 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.
SEC. 229. 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.
SEC. 230. 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,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 325
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and shall be in addition to funds otherwise available for such
purposes.
SEC. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall
be used to charge a fee for an inspection of a towing vessel, as
defined in 46 CFR Section 136.110, that utilizes the Towing Safety
Management System option for a Certificate of Inspection issued
under subchapter M of title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section
815(a) of the Frank LoBiondo Coast Guard Authorization Act of
2018 (Public Law 115–282) and, as necessary based on such determination, carries out the requirements of subsection 815(b) of such
Act.
SEC. 232. (a) 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 for the National Coast Guard Museum to carry out activities
under section 316(d) of title 14, United States Code.
(b) The Coast Guard shall not be responsible for the execution
of any contracts, planning, or execution of work to accomplish
any activities outlined in section 316(d) of title 14, United States
Code.
SEC. 233. 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.
SEC. 234. (a) 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.
(b) The Director of the United States Secret Service may enter
into agreements to provide such protection on a fully reimbursable
basis.
SEC. 235. 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’’.
SEC. 236. 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.
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Determination.
Reimbursements.
Contracts.
Reimbursement.
Notification.
Time period.
PUBL103
136 STAT. 326
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE 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, $1,992,527,000, of
which $36,293,000, 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,
$590,698,000, to remain available until September 30, 2024.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $10,431,000, to
remain available until September 30, 2023.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,245,859,000: Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
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Real property.
Management
costs.
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For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$209,985,000, of which $98,775,000 shall remain available until
September 30, 2024, and of which $111,210,000 shall remain available until September 30, 2026: Provided, That the Administrator
of the Federal Emergency Management Agency may use up to
$10,400,000 of the amounts made available under this heading
to acquire and develop real property adjacent to any existing
training facility currently funded within the Education, Training,
and Exercises program, project, or activity: Provided further, That
such acquisition and development of real property is only for the
purposes of establishing a multi-use training facility: Provided further, That none of the funds made available in the first proviso
may be used for the management costs associated with such real
property: Provided further, That such management costs shall be
made available from funds provided under the heading ‘‘Federal
Emergency Management Agency—Operations and Support’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 327
FEDERAL ASSISTANCE
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(INCLUDING TRANSFER OF FUNDS)
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,633,199,000, which shall be allocated
as follows:
(1) $645,000,000 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 $125,000,000 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) $740,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $125,000,000 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) $105,000,000 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) $720,000,000, to remain available until September 30,
2023, of which $360,000,000 shall be for Assistance to Firefighter Grants and $360,000,000 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
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Puerto Rico.
PUBL103
136 STAT. 328
PUBLIC LAW 117–103—MAR. 15, 2022
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) $40,000,000 for the Next Generation Warning System.
(12) $205,098,811 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table entitled
‘‘Community Project Funding and Congressionally Directed
Spending’’ under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which—
(A) $150,000, in addition to amounts otherwise made
available for such purpose, is for a nonprofit security grant
under sections 2003 and 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 604 and 605);
(B) $49,026,403, in addition to amounts otherwise
made available for such purpose, is for emergency operations center grants under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c);
(C) $153,922,408, in addition to amounts otherwise
made available for such purpose, 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), (l)); and
(D) $2,000,000 shall be transferred to ‘‘Federal Emergency Management Agency—Operations and Support’’, to
manage and administer Community Project Funding and
Congressionally Directed Spending grants.
(13) $293,600,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
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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: Provided, That of the amount provided under
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136 STAT. 329
this heading, up to $3,000,000 may be transferred to the Disaster
Assistance Direct Loan Program Account for administrative
expenses related to direct loans as authorized under section 417
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5184).
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).
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ADMINISTRATIVE PROVISIONS
SEC. 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
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Awards.
PUBL103
136 STAT. 330
Grants.
Applicability.
Determination.
Grants.
Deadlines.
Grants.
Briefing.
Time period.
Public
information.
Grants.
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Applicability.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 302. Funds made available under the heading ‘‘Cybersecurity and Infrastructure Security Agency—Operations and Support’’
may be made available for the necessary expenses of procuring
or providing access to cybersecurity threat feeds for branches, agencies, independent agencies, corporations, establishments, and
instrumentalities of the Federal government of the United States,
state, local, tribal, and territorial government entities, fusion centers as described in section 210A of the Homeland Security Act
(6 U.S.C. 124h), and Information Sharing and Analysis Organizations.
SEC. 303. (a) 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
recipient for expenses directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply
to a recipient for the administration of a grant under such paragraphs (1) and (2) for organizations described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code that are determined by the Secretary
of Homeland Security to be at high risk of a terrorist attack.
SEC. 304. 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.
SEC. 305. 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.
SEC. 306. 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.
SEC. 307. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 331
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(2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC. 308. 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).
SEC. 309. (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.
SEC. 310. 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).
SEC. 311. (a) Notwithstanding sections 403(b), 403(c)(4), 404(a),
406(b), 407(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), for any emergency or major disaster declared by
the President under such Act with a declaration occurring or an
incident period beginning between January 1, 2020, and December
31, 2021, the Federal share of assistance, including direct Federal
assistance, provided under such sections shall be not less than
90 percent of the eligible cost of such assistance.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
or as being for disaster relief pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget 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, or 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.
(c) Subsection (a) shall apply with respect to fiscal year 2022
and each fiscal year thereafter.
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Grants.
Waiver authority.
Fees.
Effective date.
Grants.
Waiver authority.
Time period.
Applicability.
PUBL103
136 STAT. 332
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE 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
asylum, field, and service center offices, and support of the refugee
program; $389,504,000, 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)): Provided further, That not to exceed $2,500
shall be for official reception and representation expenses.
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
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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, $330,590,000, of which $196,624,000
shall remain available until September 30, 2023: Provided, That
not to exceed $10,000 shall be for official reception and representation expenses.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 333
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, $542,954,000, 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, $176,750,000, of
which $50,156,000 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, $76,604,000, 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.
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ADMINISTRATIVE PROVISIONS
SEC. 401. (a) 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.
(b) 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.
SEC. 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
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PUBL103
136 STAT. 334
Applicability.
8 USC 1377a
note.
Biometrics.
PUBLIC LAW 117–103—MAR. 15, 2022
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
SEC. 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.
SEC. 404. 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, any Federal funds made
available to U.S. Citizenship and Immigration Services 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.
SEC. 405. 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.
SEC. 406. 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.
SEC. 407. (a) 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)).
(b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such
facilities.
SEC. 408. 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).
TITLE V
GENERAL PROVISIONS
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(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Notifications.
Time periods.
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SEC. 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.
SEC. 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.
SEC. 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
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 335
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.
SEC. 504. (a) 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.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from components
of the Department of Homeland Security.
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Contracts.
Termination
date.
Applicability.
Applicability.
31 USC 501 note.
PUBL103
136 STAT. 336
Deadline.
Notification.
Briefing.
Plan.
Notifications.
Deadlines.
Grants.
Contracts.
Public
information.
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Determination.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 505. (a) 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.
(b) 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.
SEC. 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’’.
(c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives
on a plan for the use of such funds.
SEC. 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.
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 337
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 511. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of the
Buy American Act.
(b) For purposes of subsection (a), the term ‘‘Buy American
Act’’ means chapter 83 of title 41, United States Code.
SEC. 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).
SEC. 513. (a) 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.
(b) Subsection (a) shall not apply to—
(1) the use of such section 872 to establish an office within
the Office of the Secretary that shall, for departmental
workforce health, safety, and medical functions and activities—
(A) develop departmental policies;
(B) establish standards;
(C) provide technical assistance;
(D) conduct oversight; and
(E) serve as the primary liaison and coordinator; and
(2) the reallocation to an office established under paragraph
(1) of—
(A) the position and responsibilities of the Chief Medical Officer and related personnel from the Countering
Weapons of Mass Destruction Office;
(B) the personnel, functions, and responsibilities
related to departmental workforce health and medical
activities from the Under Secretary for Management as
authorized in section 710 of the Homeland Security Act,
and related safety activities; and
(C) the responsibility of carrying out the program
authorized by section 528 of the Homeland Security Act
and related personnel.
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Notification.
Contracts.
Applicability.
Definition.
PUBL103
136 STAT. 338
Notification.
Time period.
National
identification
card.
Delegation
authority.
Contracts.
Contracts.
Pornography.
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Firearms.
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PUBLIC LAW 117–103—MAR. 15, 2022
(c) The Secretary of Homeland Security may transfer funds
made available in this Act under the headings ‘‘Management Directorate’’ and ‘‘Countering Weapons of Mass Destruction Office’’ consistent with the establishment of the office and the reallocations
of functions, positions, and responsibilities described in subsection
(b).
(d) The Secretary shall submit a notification to the Committees
on Appropriations of the Senate and the House of Representatives,
the Committee on Homeland Security of the House of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate at least 15 days prior to the establishment
of the office described in subsection (b).
(e) The functions of the office described in subsection (b) shall
not include chemical, biological, radiological, and nuclear programs
of the Countering Weapons of Mass Destruction Office and the
transfer of funds described in subsection (c) shall not include
funding appropriated for such programs.
SEC. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 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.
SEC. 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.
SEC. 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)).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 339
an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 522. (a) 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.
(b) 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.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) 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.
SEC. 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.
SEC. 524. (a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the
introduction of any new position classification that will affect more
than 100 full-time positions or costs more than $5,000,000 in a
single year 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 fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if—
(1) it was proposed in the President’s budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
SEC. 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—
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Conference
attendees.
Determination.
Notification.
Deadline.
Definition.
Pay reform.
Employment
positions.
Time period.
Effective date.
Notification.
Analysis.
Web posting.
Public
information.
Reports.
Determination.
PUBL103
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Time period.
Continuation.
Applicability.
Applicability.
6 USC 391 note.
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Aliens.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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.
SEC. 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.
SEC. 527. 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.
SEC. 528. (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’’.
SEC. 529. (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.
SEC. 530. (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.
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136 STAT. 341
(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).
SEC. 531. (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.
SEC. 532. (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.
SEC. 533. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
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Time period.
Pregnant women.
Determinations.
Records.
Applicability.
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Deadline.
Budget
submission.
Proposals.
Resolution.
Reports.
Summary.
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Definition.
Deadlines.
Determination.
President.
Evaluation.
Notifications.
Threat
assessments.
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PUBLIC LAW 117–103—MAR. 15, 2022
as a Principal Federal Official, shall apply with respect to any
Federal funds in the same manner as such section applied to
funds made available in that Act.
SEC. 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.
SEC. 535. 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.
SEC. 536. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Under Secretary for Management of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report on the unfunded priorities,
for the Department of Homeland Security and separately for each
departmental component, for which discretionary funding would
be classified as budget function 050.
(b) Each 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.
SEC. 537. (a) 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 343
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’’).
(b) Such 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.
(c) 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.
(d) 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.
SEC. 538. (a) 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).
(b) 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.
(c) 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.
(d) 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.
SEC. 539. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the Technology
Modernization Fund (as authorized by section 1078 of subtitle G
of Title X of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91)) unless, concurrent with the submission of an initial project proposal to the Technology Modernization
Board, the head of the agency—
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Consultation.
Reports.
6 USC 103a.
Deadline.
Notification.
Time period.
Proposals.
PUBL103
136 STAT. 344
Notification.
Records.
Analysis.
Time period.
Reports.
Contracts.
Analysis.
Repayment plan.
Determination.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
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Applicability.
6 USC 320 note.
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PUBLIC LAW 117–103—MAR. 15, 2022
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy
of the project proposal; and
(3) provides a detailed analysis of how the proposed project
funding would supplement or supplant funding requested as
part of the Department’s most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available
for obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate
and the House of Representatives.
(c) The report described in subsection (b) shall include—
(1) the full project proposal submitted to and approved
by the Fund’s Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project’s deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
SEC. 540. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 541. 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.’’.
SEC. 542. For necessary expenses related to providing customs
and immigration inspection and pre-inspection services at, or in
support of ports of entry, pursuant to section 1356 of title 8, United
States Code, and section 58c(f) of title 19, United States Code,
and in addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not otherwise appropriated, $650,000,000, to offset the loss resulting from
the coronavirus pandemic of Immigration User Fee receipts collected
pursuant to section 286(h) of the Immigration and Nationality
Act (8 U.S.C. 1356(h)), and fees for certain customs services collected
pursuant to paragraphs 1 through 8 and paragraph 10 of subsection
(a) of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)–(8) and (a)(10)).
SEC. 543. (a) For an additional amount for the accounts, in
the amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 345
(1) ‘‘U.S. Customs and Border Protection—Operations and
Support’’, $993,792,000 for border management requirements
of the U.S. Border Patrol;
(2) ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’, $239,658,000 for non-detention border
management requirements; and
(3) ‘‘Federal Emergency Management Agency—Federal
Assistance’’, $150,000,000, to be available for the emergency
food and shelter program for the purposes of providing shelter
and other services to families and individuals encountered by
the Department of Homeland Security.
(b) Not later than 30 days after the date of enactment of
this Act, the Under Secretary for Management shall provide an
expenditure plan for the use of the funds made available in subsection (a).
Deadline.
Expenditure
plan.
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(RESCISSIONS OF FUNDS)
SEC. 544. (a) Of the unobligated balances from amounts made
available under the heading ‘‘U.S. Customs and Border Protection—
Procurement, Construction, and Improvements’’ by section 230(a)(3)
of division A of the Consolidated Appropriations Act, 2019 (Public
Law 116–6) for construction and facility improvements, $90,500,000
are hereby rescinded.
(b) Of the unobligated balances from amounts made available
under the heading ‘‘U.S. Customs and Border Protection—Procurement, Construction, and Improvements’’ by section 209(2) of division
F of the Consolidated Appropriations Act, 2021 (Public Law 116–
260) for facility construction and improvements, $40,000,000 are
hereby rescinded.
(c) For an additional amount for ‘‘Management Directorate—
Procurement, Construction, and Improvements’’, $130,500,000, to
remain available until September 30, 2025, in addition to any
amounts otherwise available for such purposes, for the development
of joint processing centers.
SEC. 545. (a) Of the unobligated balances from amounts made
available under the heading ‘‘U.S. Customs and Border Protection—
Procurement, Construction, and Improvements’’ by the Emergency
Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019 (Public Law 116–26)
for the development of a joint processing center, $49,500,000 are
hereby rescinded: Provided, That the amounts rescinded by this
subsection that were previously designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
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.
(b) For an additional amount for ‘‘Management Directorate—
Procurement, Construction, and Improvements’’, $49,500,000, to
remain available until September 30, 2025, in addition to any
amounts otherwise available for such purposes, for the development
of joint processing centers: Provided, That such amount 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.
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136 STAT. 346
PUBLIC LAW 117–103—MAR. 15, 2022
14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022.
SEC. 546. 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 a 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 X 0100).
(2) $1,810 from the unobligated balances available in the
‘‘Office of the Undersecretary for Management’’ account (70
X 0112).
(3) $12,628,523 from the unobligated balances available
in the ‘‘Management Directorate—Office of the Chief Information Officer and Operations’’ account (70 X 0113).
(4) $8,456 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0504, ‘‘Immigration and
Customs Enforcement, Border and Transportation Security,
INS’’.
(5) $503 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 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 X 0508, ‘‘Transportation
Security Administration, Expenses’’.
(7) $11,412 from the unobligated balances available in the
‘‘Transportation Security Administration—Federal Air Marshals’’ account (70 X 0541).
(8) $311 from the unobligated balances available in the
‘‘Transportation Security Administration—Surface Transportation Security’’ account (70 X 0551).
(9) $5,308,328 from the unobligated balances available in
the ‘‘Transportation Security Administration—Intelligence and
Vetting’’ account (70 X 0557).
(10) $1.41 from the unobligated balances available in the
‘‘Transportation Security Administration—Research and
Development’’ account (70 X 0553).
(11) $322,105 from the unobligated balances available in
the ‘‘Transportation Security Administration—Transportation
Security Support’’ account (70 X 0554).
(12) $457,920 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 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 X 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 X 0712).
(15) $115,138 from the unobligated balances available in
the ‘‘Federal Emergency Management Agency—Operations and
Support’’ account (70 X 0700).
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 347
(16) $1,243,822 from the unobligated balances available
in Treasury Account Fund Symbol 70 X 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 X 0860).
(18) $3,000,000 from the unobligated balances available
in the ‘‘Federal Emergency Management Agency—National
Predisaster Mitigation Fund’’ account (70 X 0716).
(19) $24,339,000 from the unobligated balances available
in the ‘‘U.S. Customs and Border Protection—Border Security
Fencing, Infrastructure, and Technology’’ account (70 X 0533).
(20) $10,000,000 from Public Law 116–260 under the
heading ‘‘U.S. Customs and Border Protection—Procurement,
Construction, and Improvements’’.
(21) $6,161,000 from the unobligated balances available
in the ‘‘U.S. Customs and Border Protection—Procurement,
Construction, and Improvements’’ account (70 X 0532).
(22) $4,500,000 from Public Law 115–141 under the
heading ‘‘U.S. Customs and Border Protection—Construction
and Facility Improvements’’.
(23) $6,999 from the unobligated balances available in the
‘‘U.S. Customs and Border Protection—Operations and Support’’
account (70 X 0530).
(24) $21,000,000 from Public Law 115–141 under the
heading ‘‘Coast Guard—Acquisition, Construction, and Improvements’’.
SEC. 547. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2021
(Public Law 116–260) are rescinded:
(1) $791,720 from ‘‘Office of the Secretary and Executive
Management—Operations and Support’’.
(2) $359,920 from ‘‘Management Directorate—Operations
and Support’’.
(3) $1,041,300 from ‘‘Intelligence, Analysis, and Operations
Coordination—Operations and Support’’.
(4) $132,133 from ‘‘Office of the Inspector General—Operations and Support’’.
(5) $19,337,430 from ‘‘U.S. Customs and Border Protection—Operations and Support’’.
(6) $7,169,547 from ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’.
(7) $1,000,000 from ‘‘Coast Guard—Operations and Support’’.
(8) $6,394,290 from ‘‘United States Secret Service--Operations and Support’’.
(9) $2,793,900 from ‘‘Cybersecurity and Infrastructure
Security Agency—Operations and Support’’.
(10) $668,640 from ‘‘Federal Emergency Management
Agency—Operations and Support’’.
(11) $1,368,190 from ‘‘U.S. Citizenship and Immigration
Services—Operations and Support’’.
(12) $903,710 from ‘‘Federal Law Enforcement Training
Centers—Operations and Support’’.
(13) $110,710 from ‘‘Science and Technology Directorate—
Operations and Support’’.
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(14) $385,640 from ‘‘Countering Weapons of Mass Destruction Office—Operations and Support’’.
SEC. 548. Of the unobligated balances made available to ‘‘Federal Emergency Management Agency—Disaster Relief Fund’’,
$147,592,596 shall be rescinded: 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, as amended: Provided further, That no amounts
may be rescinded from amounts that were 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, or section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That no amounts may be rescinded
from amounts that were made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117–2).
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2022’’.
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2022.
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
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Drilling permits.
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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)), $1,281,940,000, to remain available
until September 30, 2023; of which $79,035,000 for annual and
deferred maintenance and $137,093,000 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 $1,281,940,000,
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136 STAT. 349
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; $117,283,000, 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).
Transfer
authority.
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 BankheadJones 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.
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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
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43 USC 1735
note.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
43 USC 1735
note.
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
Contracts.
Determination.
Reimbursements.
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
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(INCLUDING TRANSFER OF FUNDS)
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, $1,451,545,000, to
remain available until September 30, 2023: Provided, That not
to exceed $21,279,000 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 351
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 titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That amounts
in the preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall continue
to only be available for the purposes and in such amounts as
such funds were originally appropriated.
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
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;
$12,847,000, to remain available until expended.
Of the unobligated balances from amounts made available
under this heading for construction, $1,240,000 is permanently
rescinded: 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.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $24,064,000, to remain available until expended, to be derived from the Cooperative Endangered
Species Conservation Fund.
Of the unobligated balances from amounts made available
under this heading from the Cooperative Endangered Species Conservation Fund, $945,000 is permanently rescinded: 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.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
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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.),
$48,500,000, to remain available until expended.
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PUBL103
136 STAT. 352
PUBLIC LAW 117–103—MAR. 15, 2022
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, 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.),
$20,000,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
Apportionment.
District of
Columbia.
Territories.
Apportionment.
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Adjustment.
Reapportionment.
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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,
$72,612,000, to remain available until expended: Provided, That
of the amount provided herein, $6,000,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $7,362,000 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
$13,362,000 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 353
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 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.
Contracts.
Grants.
Contracts.
Determination.
Donations.
Fees.
NATIONAL PARK SERVICE
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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, $2,767,028,000, 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)
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136 STAT. 354
36 USC 101 note
prec.
PUBLIC LAW 117–103—MAR. 15, 2022
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, $83,910,000,
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 titled ‘‘Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
HISTORIC PRESERVATION FUND
Grants.
Approval.
Consultation.
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Determination.
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For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $173,072,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2023, of which
$26,500,000 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, $1,250,000 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; $26,375,000 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 $15,272,000 is for projects specified
for the Historic Preservation Fund in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 355
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated 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, $225,984,000, 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 this section.
Contracts.
Consultation.
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
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(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 subaccount 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.
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Fees.
PUBL103
136 STAT. 356
PUBLIC LAW 117–103—MAR. 15, 2022
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
(INCLUDING TRANSFER OF FUNDS)
43 USC 50.
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; $1,394,360,000, 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 Special Initiatives in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred
to the appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 357
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, $206,748,000, of which $163,748,000 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 $163,748,000: 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
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(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way, and agreements for use for
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PUBL103
136 STAT. 358
PUBLIC LAW 117–103—MAR. 15, 2022
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, $171,848,000,
of which $147,848,000 is to remain available until September 30,
2023, and of which $24,000,000 is to remain available until
expended, including $3,000,000 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
$150,848,000: Provided further, That of the unobligated balances
from amounts made available under this heading, $10,000,000 is
permanently rescinded: Provided further, 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.
For an additional amount, $34,000,000, 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 $34,000,000, the amounts realized
in excess of $34,000,000 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
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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, $118,117,000, to remain available until September 30, 2023,
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 359
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 $118,117,000.
30 USC 1211
note.
30 USC 1257
note.
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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,
$27,480,000, 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, $122,500,000, 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 described in section 4 (in the matter preceding division A of this consolidated 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,
$79,890,000 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, $31,956,000 shall be distributed in equal amounts to the
three Appalachian States with the subsequent greatest amount
of unfunded needs to meet such priorities, and $10,654,000 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
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Debt collection.
Contracts.
PUBL103
136 STAT. 360
Allocations.
State and local
governments.
Native
Americans.
Deadline.
PUBLIC LAW 117–103—MAR. 15, 2022
accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated 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)
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Expiration date.
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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.),
$1,820,334,000, 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 $78,494,000 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 $59,182,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the NavajoHopi Settlement Program: Provided further, That of the amount
appropriated under this heading, $1,250,000 shall be for projects
specified for Special Initiatives (CDS) in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated 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).
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 361
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),
$7,000,000, to remain available until expended: Provided, That
any provision 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 acquisitions 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
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(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; $146,769,000, 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).
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Reimbursement.
PUBL103
136 STAT. 362
PUBLIC LAW 117–103—MAR. 15, 2022
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, 101–618, 114–322, 111–291 and 116–
260, and for implementation of other land and water rights settlements, $1,000,000, to remain available until expended, which may
be deposited, as necessary, into the Se´lisˇ-Qlispe´ Ksanka Settlement
and the Navajo Utah Settlement Trust Funds 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.), $1,017,601,000 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
$752,148,000 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 $89,450,000 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.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 363
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.
Deadline.
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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 SelfGovernance 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-togovernment 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
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Contracts.
Grants.
Contracts.
Alaska.
Waiver authority.
Determination.
PUBL103
136 STAT. 364
Charter schools.
Reimbursement.
Waiver authority.
Compliance.
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Definition.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
OF THE
SPECIAL TRUSTEE
FOR
136 STAT. 365
AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
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For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $109,572,000, 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.
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Time period.
Statement.
Records.
Time period.
Records.
Determination.
PUBL103
136 STAT. 366
PUBLIC LAW 117–103—MAR. 15, 2022
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, $123,367,000, to remain available until September 30, 2023; 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
$12,341,000 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
31 USC 6903
note.
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
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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, $113,477,000,
of which: (1) $103,640,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
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136 STAT. 367
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).
48 USC 1469b.
Determination.
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
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(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
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136 STAT. 368
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$94,998,000, to remain available until September 30, 2023.
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$62,132,000, to remain available until September 30, 2023.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
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Contracts.
Grants.
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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, $1,026,097,000, 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 $227,000,000
is for fuels management activities: Provided further, That of the
funds provided $22,470,000 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 369
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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 microbusinesses; 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 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.
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Guidance.
Reimbursement.
Contracts.
Real property.
State and local
governments.
PUBL103
136 STAT. 370
PUBLIC LAW 117–103—MAR. 15, 2022
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
Notification.
Deadline.
Determination.
Deadline.
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 resolution on the 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
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(INCLUDING TRANSFERS OF FUNDS)
Grants.
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For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public
Law 117–58 (135 Stat. 1093), and carry out the purposes of section
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, 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 program management and
oversight of these activities: Provided further, That the Secretary
may transfer the funds provided under this heading in this Act
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 371
to any other account in the Department to carry out such purposes,
and may expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.) 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.
Advance
approval.
Contracts.
Grants.
Contracts.
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ADMINISTRATIVE PROVISION
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
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136 STAT. 372
PUBLIC LAW 117–103—MAR. 15, 2022
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
SEC. 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.
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EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE
SEC. 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
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136 STAT. 373
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.
Reimbursement.
Determination.
Deadline.
Reimbursement.
AUTHORIZED USE OF FUNDS
SEC. 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
SEC. 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.
Notification.
Deadline.
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REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
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
New York.
New Jersey.
Contracts.
SEC. 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
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Time period.
Deadlines.
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SEC. 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) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 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) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via nonrig 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
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136 STAT. 375
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
SEC. 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.
16 USC 1336
note.
Time period.
MASS MARKING OF SALMONIDS
SEC. 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
SEC. 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.
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DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM
SEC. 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
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Grants.
Contracts.
PUBL103
136 STAT. 376
PUBLIC LAW 117–103—MAR. 15, 2022
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
OBLIGATION OF FUNDS
Deadline.
SEC. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and expenditure
not later than 60 days after the date of enactment of this Act.
SEPARATION OF ACCOUNTS
SEC. 113. 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)
Applicability.
31 USC 6906
note.
SEC. 114. 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
Web posting.
Public
information.
Deadline.
SEC. 115. (a) Subject to subsection (b), 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.
LONG BRIDGE PROJECT
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Virginia.
District of
Columbia.
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SEC. 116. (a) AUTHORIZATION OF CONVEYANCE.—On request
by the State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating to the
Long Bridge Project, the Secretary of the Interior may convey
to the State or the District of Columbia, as applicable, all right,
title, and interest of the United States in and to any portion
of the approximately 4.4 acres of National Park Service land
depicted as ‘‘Permanent Impact to NPS Land’’ on the Map dated
May 15, 2020, that is identified by the State or the District of
Columbia.
(b) TERMS AND CONDITIONS.—Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in
this section, the lands or interests therein shall revert to the
National Park Service after they have been restored or remediated
to the satisfaction of the Secretary.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 377
(c) CORRECTIONS.—The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may—
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) DEFINITIONS.—For purposes of this section:
(1) LONG BRIDGE PROJECT.—The term ‘‘Long Bridge Project’’
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L’Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) STATE.—The term ‘‘State’’ means the State of Virginia.
INTERAGENCY MOTOR POOL
SEC. 117. 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
SEC. 118. 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’’.
Applicability.
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NATIONAL HERITAGE AREAS AND CORRIDORS
SEC. 119. (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’’—
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54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
PUBL103
136 STAT. 378
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
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54 USC 320101
note.
54 USC 320101
note.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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. 3802), is further amended by striking ‘‘2021’’
and inserting ‘‘2023’’.
(i) Section 7 of Public Law 106–319, as amended (114 Stat.
1284; 128 Stat. 3802), 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’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 379
(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’’.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
Alabama.
STUDY FOR SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL
SEC. 120. (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.
EXHAUSTION OF ADMINISTRATIVE REVIEW
SEC. 121. Paragraph (1) of section 122(a) of division E of Public
Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through
2022,’’ in the first sentence and inserting ‘‘through 2024.’’.
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APPRAISER PAY AUTHORITY
SEC. 122. 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
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PUBL103
136 STAT. 380
PUBLIC LAW 117–103—MAR. 15, 2022
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.
SAGE-GROUSE
SEC. 123. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse.
TITLE 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;
and other operating expenses in support of research and development, $750,174,000, to remain available until September 30, 2023:
Provided, That of the funds included under this heading,
$11,430,000 shall be for Research: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which $2,930,000
shall be for projects specified for Science and Technology in the
table titled ‘‘Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
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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, $2,964,025,000, to remain
available until September 30, 2023: Provided, That of the funds
included under this heading, $25,700,000 shall be for Environmental
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 381
Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That of the funds
included under this heading, $587,192,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That funds included under this heading
may be used for environmental justice implementation and training
grants, and associated program support costs.
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
Allocation.
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,030,000, 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, $34,752,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
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(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,
$1,232,850,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30,
2021, and not otherwise appropriated from the Trust Fund, as
authorized by section 517(a) of the Superfund Amendments and
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PUBL103
136 STAT. 382
Allocations.
PUBLIC LAW 117–103—MAR. 15, 2022
Reauthorization Act of 1986 (SARA) and up to $1,232,850,000 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, $92,293,000, to remain available until
expended, of which $66,924,000 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, $20,262,000,
to be derived from the Oil Spill Liability trust fund, to remain
available until expended.
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STATE
AND
TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,351,573,000, to remain available until expended, of which—
(1) $1,638,826,000 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
$1,126,088,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $443,639,051
of the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $397,766,044 of the
funds made available for capitalization grants for the Drinking
Water State Revolving Funds shall be for the construction
of drinking water, wastewater, and storm water infrastructure
and for water quality protection in accordance with the terms
and conditions specified for such grants in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) for projects specified for
‘‘STAG—Drinking Water SRF’’, ‘‘STAG—Clean Water SRF’’,
and ‘‘STAG—Drinking Water SRF; Clean Water SRF’’ in the
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 383
table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending
Items’’ included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), and, for 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: Provided further, 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
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Territories.
District of
Columbia.
PUBL103
136 STAT. 384
Oklahoma.
Determination.
Territories.
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Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 385
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;
(2) $32,000,000 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 StatesMexico 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) $91,987,000 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 1993 Small Area Income and Poverty Estimates, the
2000 decennial census, and the most recent Small Area Income
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Consultation.
Alaska.
Allocations.
Definition.
PUBL103
136 STAT. 386
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Grants.
Oklahoma.
Determination.
Alaska.
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PUBLIC LAW 117–103—MAR. 15, 2022
and Poverty Estimates, or any territory or possession of the
United States;
(5) $92,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $61,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $27,158,000 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) $27,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j–24(d));
(9) $22,011,000 shall be for grants under section 1459B
of the Safe Drinking Water Act (42 U.S.C. 300j–19b);
(10) $5,000,000 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) $43,000,000 shall be for grants under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $4,000,000 shall be for grants under section 4304(b)
of the America’s Water Infrastructure Act of 2018 (Public Law
115–270);
(14) $2,500,000 shall be for carrying out section 302(a)
of the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which
not more than 2 percent shall be for administrative costs to
carry out such section: 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;
(15) $4,000,000 shall be for grants under section 103(b)(3)
of the Clean Air Act for wildfire smoke preparedness grants
in accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, not more than 3
percent shall be for administrative costs to carry out such
section;
(16) $1,099,384,000 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; $9,336,000 shall be for Environmental
Information Exchange Network grants, including associated
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 387
program support costs; $1,475,000 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; and
(17) $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 titled
‘‘Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for remediation, construction, and related
environmental management activities in accordance with the
terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
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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, $63,500,000, 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
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Loans.
Criteria.
Certification.
Compliance.
Records.
PUBL103
136 STAT. 388
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$6,026,000, to remain available until September 30, 2023.
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
(INCLUDING TRANSFERS OF FUNDS)
Fees.
Fees.
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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), to remain available until
expended.
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 $348,000,000
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 389
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 year 2022, 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.
During each of fiscal years 2022 through 2025, 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.
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Grants.
Grants.
Applicability.
Contracts.
Time period.
Consultation.
Employment
positions.
PUBL103
136 STAT. 390
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE 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, $1,069,086,000, 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, $296,616,000, to remain available through September 30, 2025: Provided, That of the funds provided, $22,197,000
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.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 391
an international program and trade compliance activities as authorized, $315,198,000, to remain available through September 30, 2025,
as authorized by law, of which $29,955,500 shall be for projects
specified for Forest Resource Information and Analysis in the table
titled ‘‘Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
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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, $1,866,545,000, to remain available through September 30, 2025: Provided, That of the funds
provided, $28,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That for the
funds provided in the preceding proviso, section 4003(d)(3)(A) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(d)(3)(A)) shall be applied by substituting ‘‘20’’ for ‘‘10’’ and
section 4003(d)(3)(B) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting
‘‘4’’ for ‘‘2’’: Provided further, That of the funds provided, $38,000,000
shall be for forest products: Provided further, That of the funds
provided, $187,388,000 shall be for hazardous fuels management
activities, of which not to exceed $20,000,000 may 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 $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
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Applicability.
Determination.
Fees.
Advance
approval.
43 USC 1751
note.
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136 STAT. 392
PUBLIC LAW 117–103—MAR. 15, 2022
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, $159,049,000, 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 $5,000,000 shall be
for activities authorized by 16 U.S.C. 538(a): Provided further, That
$10,867,000 shall be for projects specified for Construction Projects
in the table titled ‘‘Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated 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, Public Law 76–591; and Public Law 78–310).
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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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 393
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,
$2,005,106,000, 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.
Reimbursement.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
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(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.
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PUBL103
136 STAT. 394
Notification.
Deadline.
Determination.
Deadline.
PUBLIC LAW 117–103—MAR. 15, 2022
Con. Res. 14 (117th Congress), the concurrent resolution on the
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
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(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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 395
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 United States 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),
United States 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 forestry,
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Notification.
Deadline.
Notification.
Advance
approval.
PUBL103
136 STAT. 396
Wild horses and
burros.
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16 USC 556i.
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 397
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 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
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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, $4,660,658,000, to remain available until
September 30, 2023, except as otherwise provided herein, together
with payments received during the 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
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PUBL103
136 STAT. 398
Allocations.
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Contracts.
Grants.
Time period.
Records.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 grants or contracts with public or private
institutions to provide alcohol or drug treatment services to Indians,
including alcohol detoxification services: Provided further, That
$984,887,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds provided, up to $46,000,000 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 funds provided, $58,000,000 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 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, to improve 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 grants, for Village Built
Clinics, for a produce prescription pilot, 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 may be used
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds
are appropriated: 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 399
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 funds provided, $74,138,000 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.
Reports.
Consultation.
Time period.
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.
Applicability.
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.
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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
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PUBL103
136 STAT. 400
PUBLIC LAW 117–103—MAR. 15, 2022
of the Indian Health Service, $940,328,000, to 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 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 for Sanitation Facilities Construction, $40,171,000
shall be for projects specified for Sanitation Facilities Construction
(CDS) in the table titled ‘‘Interior and Environment Incorporation
of Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated 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
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Assessments.
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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 identified in the budget justification and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 401
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
Regulations.
Budget request.
Reimbursements.
Reimbursements.
Notification.
HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
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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, $82,540,000.
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PUBL103
136 STAT. 402
PUBLIC LAW 117–103—MAR. 15, 2022
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, $80,500,000: 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.
Appointment.
President.
CHEMICAL SAFETY
AND
HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
Career positions.
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5 USC app. 8G
note.
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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: 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 403
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
5 USC app. 8G
note.
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.),
$11,741,000, which shall become available on July 1, 2022, and
shall remain available until September 30, 2023.
SMITHSONIAN INSTITUTION
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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,
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136 STAT. 404
District of
Columbia.
District of
Columbia.
Effective date.
Time period.
Reports.
PUBLIC LAW 117–103—MAR. 15, 2022
repair, and cleaning of uniforms for employees, $852,215,000, to
remain available until September 30, 2023, except as otherwise
provided herein; of which not to exceed $12,798,000 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, $210,000,000, 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
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 405
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, $156,419,000, 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, $24,081,000, 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
Contracts.
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.
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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.
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136 STAT. 406
PUBLIC LAW 117–103—MAR. 15, 2022
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, $15,000,000, to remain available until September 30, 2023.
NATIONAL FOUNDATION
ON THE
ARTS
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $180,000,000 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, $180,000,000 to
remain available until expended, of which $164,400,000 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.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 407
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.
Fees.
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
Applicability.
20 USC 956a
note.
Determination.
Time periods.
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
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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, $8,750,000: 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.
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PUBL103
136 STAT. 408
PUBLIC LAW 117–103—MAR. 15, 2022
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 $40,000,000.
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.
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.
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ALYCE SPOTTED BEAR
AND WALTER SOBOLEFF COMMISSION
NATIVE CHILDREN
ON
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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 409
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS
SEC. 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
SEC. 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
SEC. 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.
Estimates.
Approval.
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MINING APPLICATIONS
SEC. 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
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Patents and
trademarks.
Determination.
Claims.
PUBL103
136 STAT. 410
PUBLIC LAW 117–103—MAR. 15, 2022
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
Continuation.
SEC. 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
SEC. 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 selfgovernance 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
16 USC 1604
note.
SEC. 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.
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PROHIBITION WITHIN NATIONAL MONUMENTS
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 411
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
SEC. 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
SEC. 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
SEC. 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.
Public
information.
Determination.
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NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
SEC. 412. Of the funds provided to the National Endowment
for the Arts—
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PUBL103
136 STAT. 412
PUBLIC LAW 117–103—MAR. 15, 2022
(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.
Procedures.
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
Definitions.
Grants.
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Reports.
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SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 413
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
STATUS OF BALANCES OF APPROPRIATIONS
SEC. 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.
Reports.
EXTENSION OF GRAZING PERMITS
SEC. 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
SEC. 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.
Pornography.
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HUMANE TRANSFER AND TREATMENT OF ANIMALS
SEC. 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
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burros.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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
Applicability.
16 USC 580d
note.
SEC. 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
Definition.
Waiver.
Public
information.
Records.
Deadline.
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Web posting.
Applicability.
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SEC. 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.
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136 STAT. 415
(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
SEC. 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.
Grants.
RECREATION FEES
SEC. 421. 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’’.
Applicability.
16 USC 6809
note.
REPROGRAMMING GUIDELINES
SEC. 422. 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 (in
the matter preceding division A of this consolidated Act).
Advance
approval.
LOCAL CONTRACTORS
SEC. 423. Section 412 of division E of Public Law 112–74
shall be applied by substituting ‘‘fiscal year 2022’’ for ‘‘fiscal year
2019’’.
Applicability.
16 USC 565a–1
note.
SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION
SEC. 424. 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’’.
Applicability.
INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION
SEC. 425. 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’’.
Applicability.
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PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION
SEC. 426. The authority provided by the 19th unnumbered
paragraph under heading ‘‘Administrative Provisions, Forest
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PUBLIC LAW 117–103—MAR. 15, 2022
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
Applicability.
16 USC 528 note.
SEC. 427. 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
SEC. 428. 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 in the matter
preceding division A of the Consolidated Appropriations Act, 2021
(Public Law 116–260).
TRIBAL LEASES
Effective date.
Consultation.
SEC. 429. (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
SEC. 430. 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.
Applicability.
ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION
FUND
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Deadlines.
54 USC 200303
note.
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SEC. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 417
(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, for the stations and unit names 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
described in section 4 (in the matter preceding division A of this
consolidated Act).
(2) 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
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section, 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 in amounts and for projects and activities that are
allocated by subsections (a)(1) and (a)(2) of this section: Provided,
That in any fiscal year, the matter preceding this proviso shall
not apply to the allocation of amounts for continuing administration
of programs allocated funds from the National Parks and Public
Land Legacy Restoration Fund or the Land and Water Conservation
Fund, which may be allocated only in amounts that are no more
than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s ‘‘Contingency
Fund’’ line in the table titled ‘‘Allocation of Funds: National Parks
and Public Land Legacy Restoration Fund Fiscal Year 2022’’ to
any project funded by the National Parks and Public Land Legacy
Restoration Fund within the same agency, from any fiscal year,
that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
(1) ‘‘Contingency Fund’’ amounts may only be reallocated
if there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ‘‘Contingency Fund’’ amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees
on Appropriations 30 days before taking any actions authorized
by this subsection if the amount reallocated from the ‘‘Contingency Fund’’ line for a project is projected to be 10 percent
or greater than the following, as applicable:
(A) The amount allocated to that project in the table
titled ‘‘Allocation of Funds: National Parks and Public Land
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Notification.
PUBL103
136 STAT. 418
Data sheets.
Lists.
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Data sheets.
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PUBLIC LAW 117–103—MAR. 15, 2022
Legacy Restoration Fund Fiscal Year 2022’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or
(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees
on Appropriations pursuant to section 434(e) of Division
G of the Consolidated Appropriations Act, 2021 (Public
Law 116-260).
(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
project data sheets for the projects in the ‘‘Submission of Annual
List of Projects to Congress’’ required by section 200402(h) of title
54, United States Code: Provided, That the ‘‘Submission of Annual
List of Projects to Congress’’ must include a ‘‘Contingency Fund’’
line for each agency within the allocations defined in subsection
(e) of section 200402 of title 54, United States Code: Provided
further, That in the event amounts allocated by this Act or any
prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project,
such amounts may be reallocated in such submission to that
agency’s ‘‘Contingency Fund’’ line: Provided further, That any proposals to change the scope of or terminate a previously approved
project must be clearly identified in such submission.
(2)(A) 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: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection
(a) of section 200303 of title 54, United States Code are no
longer needed because a project has been completed or can
no longer be executed, such amounts must be clearly identified
if proposed for reallocation in the annual budget submission.
(B) 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
subparagraph (A) 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.
(C) 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 419
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 subparagraph (A).
(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 of projects and activities funded by the National Parks
and Public Land Legacy Restoration Fund for amounts allocated
pursuant to subsection (a)(1) of this section and the status of
balances of projects and activities funded by the Land and Water
Conservation Fund for amounts allocated pursuant to subsection
(a)(2) of this section, including all uncommitted, committed, and
unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy
Restoration Fund amounts reallocated pursuant to subsection (c)
of this section.
Reports.
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POLICIES RELATING TO BIOMASS ENERGY
SEC. 432. 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) recognizes the full 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 carbon neutrality 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.
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136 STAT. 420
PUBLIC LAW 117–103—MAR. 15, 2022
SMALL REMOTE INCINERATORS
SEC. 433. 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.
TIMBER SALE REQUIREMENTS
SEC. 434. 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
SEC. 435. Funds made available or allocated in this Act or
the Consolidated Appropriations Act, 2021 (Public Law 116–260)
to the Department of the Interior or the Department of Agriculture
that are subject to the allocations and limitations in 54 U.S.C.
200402(e) and prohibitions in 54 U.S.C. 200402(f) 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).
PROHIBITION ON USE OF FUNDS
SEC. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
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GREENHOUSE GAS REPORTING RESTRICTIONS
SEC. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 421
FUNDING PROHIBITION
SEC. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.
California.
DESIGNATION OF LEWIS PEAK
SEC. 439. The unnamed sub-peak of Mount Whitney, adjacent
to ‘‘Crooks Peak’’, and located at 36° 34’ 24’’ N, 118° 17’ 23’’ W
in the Inyo National Forest in the State of California shall be
known and designated as ‘‘Lewis Peak’’. Any reference in any law,
regulation, document, record, map, or other paper of the United
States to the peak shall be considered to be a reference to ‘‘Lewis
Peak’’.
WILDLAND FIRE ADMINISTRATIVE FUNDING
SEC. 440. The sixth proviso under the heading ‘‘Department
of the Interior—Department-Wide Programs—Wildland Fire
Management’’ in title VI of division J of Public Law 117–58 is
amended by striking ‘‘salaries, expenses, and’’: Provided, That
amounts repurposed pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of 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.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2022’’.
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
135 Stat. 1394.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2022.
Department of
Labor
Appropriations
Act, 2022.
Time periods.
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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, $3,912,338,000, 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, $2,879,332,000 as follows:
(A) $870,649,000 for adult employment and training
activities, of which $158,649,000 shall be available for the
period July 1, 2022 through June 30, 2023, and of which
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136 STAT. 422
$712,000,000 shall be available for the period October 1,
2022 through June 30, 2023;
(B) $933,130,000 for youth activities, which shall be
available for the period April 1, 2022 through June 30,
2023; and
(C) $1,075,553,000 for dislocated worker employment
and training activities, of which $215,553,000 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, $1,033,006,000 as follows:
(A) $300,859,000 for the dislocated workers assistance
national reserve, of which $100,859,000 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, $95,000,000 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; and
(ii) $50,000,000 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 423
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 the Secretary shall
follow the requirements for the program in House
Report 116–62: Provided further, 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;
(B) $57,000,000 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) $95,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$88,283,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$6,456,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $657,000 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) $99,034,000 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) $102,079,000 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 legal histories, 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) $235,000,000 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
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Requirements.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
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; and
(H) $137,638,000 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 table titled ‘‘Community
Project Funding/Congressionally Directed Spending’’
included for this division in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated 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)
Termination
date.
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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, $1,748,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 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) $32,330,000 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 425
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’’), $405,000,000, 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,
sections 405(a) and 406 of the Trade Preferences Extension Act
of 2015, and section 285(a)(2) of the Trade Act of 1974 (as amended
by section 406(a)(7) 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
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(INCLUDING TRANSFER OF FUNDS)
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,627,265,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which—
(1) $2,850,816,000 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
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136 STAT. 426
PUBLIC LAW 117–103—MAR. 15, 2022
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, sections 405(a) and 406 of
the Trade Preferences Extension Act of 2015, and section
285(a)(2) of the Trade Act of 1974 (as amended by section
406(a)(7) 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 (except that funds for outcome payments
pursuant to section 306(f)(2) of the Social Security Act shall
be available for Federal obligation through March 31, 2023),
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) $18,000,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;
(3) $653,639,000 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 WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2022 through June 30, 2023;
(4) $25,000,000 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) $79,810,000 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
$58,528,000 shall be available for the Federal administration
of such activities, and $21,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $62,653,000 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 may be
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 427
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 2,208,000, 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 nonState 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
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Contracts.
Grants.
Grants.
Reallotment.
Fees.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
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, $112,934,000, together with not to exceed $51,481,000 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, $185,500,000, of which up to $3,000,000 shall be
made available through September 30, 2023, for the procurement
of expert witnesses for enforcement litigation.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
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Contracts.
Approval.
Notification.
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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
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136 STAT. 429
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 costs 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, $251,000,000.
OFFICE
OF
LABOR-MANAGEMENT STANDARDS
SALARIES AND EXPENSES
For necessary expenses for the Office of Labor-Management
Standards, $45,937,000.
OFFICE
OF
FEDERAL CONTRACT COMPLIANCE PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Federal Contract
Compliance Programs, $108,476,000.
OFFICE
OF
WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Workers’ Compensation
Programs, $117,924,000, 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
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(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
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136 STAT. 430
Reimbursements.
Determination.
PUBLIC LAW 117–103—MAR. 15, 2022
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.
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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
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136 STAT. 431
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
26 USC 9501
note.
HEALTH ADMINISTRATION
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SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $612,015,000, including not to exceed $113,000,000
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
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Fees.
Farms and
farming.
Small businesses.
PUBL103
136 STAT. 432
PUBLIC LAW 117–103—MAR. 15, 2022
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 $11,787,000 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.
Deadline.
Time period.
MINE SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
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30 USC 966 note.
30 USC 962.
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For necessary expenses for the Mine Safety and Health
Administration, $383,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid 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
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136 STAT. 433
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
30 USC 962.
30 USC 962.
30 USC 962.
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, $619,952,000,
together with not to exceed $68,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
Within this amount, $28,470,000 for costs associated with the
physical move of the Bureau of Labor Statistics’ headquarters,
including replication of space, furniture, fixtures, equipment, and
related costs shall remain available until September 30, 2026.
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,
$40,500,000, 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
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $367,389,000,
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136 STAT. 434
Contracts.
Grants.
Grants.
Notification.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $74,525,000 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 $30,175,000 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 $8,281,000
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.
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VETERANS’ EMPLOYMENT AND TRAINING
Not to exceed $264,841,000 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) $183,000,000 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;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 435
(2) $32,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $46,048,000 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.
Grants.
Time periods.
Data.
Contracts.
IT MODERNIZATION
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $28,269,000, which shall be available
through September 30, 2023.
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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
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PUBLIC LAW 117–103—MAR. 15, 2022
1978, $85,187,000, 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
SEC. 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)
Notification.
Time period.
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Child labor.
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SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 437
(TRANSFER OF FUNDS)
SEC. 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 relating to 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 related to 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.
Grants.
Contracts.
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(TRANSFER OF FUNDS)
SEC. 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’’.
SEC. 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:
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Evaluations.
Plan.
Time period.
Applicability.
PUBL103
136 STAT. 438
Time period.
Definitions.
Effective date.
Time periods.
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Effective date.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(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.
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 439
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)).
SEC. 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.
SEC. 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).
SEC. 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.
SEC. 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:
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Assessment.
Determinations.
Wages.
Determination.
Applicability.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘SEC. 12. SECURITY DETAIL.
Guidelines.
Coordination.
Investigations.
Coordination.
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Effective date.
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‘‘(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 unique and articulable threat of physical harm,
in accordance with guidelines established by the Secretary;
and
‘‘(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
‘‘(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.
SEC. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 441
SEC. 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.
SEC. 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:’’.
SEC. 117. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $72,000,000 are hereby permanently rescinded.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2022’’.
TITLE II
AND
Rescission.
Department of
Health and
Human Services
Appropriations
Act, 2022.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES
Time period.
29 USC 563.
SERVICES ADMINISTRATION
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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, $1,748,772,000: 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
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PUBLIC LAW 117–103—MAR. 15, 2022
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
Waiver authority.
42 USC 294a
note.
Fees.
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Applicability.
Definition.
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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, $1,295,742,000: Provided, That section 751(j)(2) 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 no funds shall be available for section 340G–1 of the PHS Act: 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 $121,600,000 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, $15,600,000
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, $6,000,000 shall be available to make grants
to establish, expand, or maintain 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 443
in primary care or behavioral health: Provided further, That of
the funds made available under this heading, $5,000,000 shall
remain available until expended for activities under section 775
of the PHS Act: Provided further, That the United States may
recover liquidated damages in an amount determined by the formula
under section 338E(c)(1) of the PHS Act if an individual either
fails to begin or complete the service obligated by a contract under
section 775(b) of the PHS Act: Provided further, That for purposes
of section 775(c)(1) of the PHS Act, the Secretary may include
other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate a contract entered into under section 775 of the PHS Act
in the same manner articulated in Section 206 of this title for
fiscal year 2022 contracts entered into under section 338B of the
PHS Act.
Of the funds made available under this heading, $55,000,000
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, including funding for
infrastructure development, maintenance, equipment, and minor
renovations or alterations: 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.
Termination.
Contracts.
Determination.
Time period.
Matching funds.
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, $1,018,624,000: Provided, That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not more
than $169,116,000 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.
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RYAN WHITE HIV/AIDS PROGRAM
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,494,776,000, of which
$2,014,698,000 shall remain available to the Secretary through
September 30, 2024, 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 $125,000,000, to remain
available until expended, shall be available to the Secretary for
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PUBLIC LAW 117–103—MAR. 15, 2022
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, $133,093,000, 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, $366,112,000, of which $62,277,000 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, up to $5,000,000 shall be available
to establish by grant to public or non-profit private entities the
Rural Emergency Hospital Technical Assistance Program, 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 $10,500,000 shall
remain available through September 30, 2024, to support the Rural
Residency Development Program: Provided further, That
$135,000,000 shall be for the Rural Communities Opioids Response
Program.
FAMILY PLANNING
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Abortions.
Lobbying.
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For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 445
PROGRAM MANAGEMENT
For program support in the Health Resources and Services
Administration, $1,213,196,000: 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, $1,057,896,000 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 health-related activities, including training and
information technology, and in the amounts specified in the table
titled ‘‘Community Project Funding/Congressionally Directed
Spending’’ included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds made available in the preceding proviso, up to $4,000,000 may be used for
related agency administrative expenses: Provided further, That none
of the funds made available for projects described in the two preceding provisos 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 $13,200,000 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,
$448,805,000.
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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, $1,345,056,000.
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136 STAT. 446
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$641,272,000: 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, $1,083,714,000: 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, $177,060,000.
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, $651,997,000.
ENVIRONMENTAL HEALTH
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $209,850,000.
INJURY PREVENTION AND CONTROL
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $714,879,000.
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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, $351,800,000.
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136 STAT. 447
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, $646,843,000, of which: (1) $128,921,000
shall remain available through September 30, 2023 for international
HIV/AIDS; and (2) $253,200,000 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.
Detailees.
Notice.
Deadline.
Reports.
Updates.
Time period.
BUILDINGS AND FACILITIES
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(INCLUDING TRANSFER OF FUNDS)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
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
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PUBLIC LAW 117–103—MAR. 15, 2022
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)
Contracts.
Detailees.
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, $333,570,000,
of which $200,000,000 shall remain available through September
30, 2024, for public health infrastructure and 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,
$20,000,000, 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
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NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,718,522,000, of which up to $30,000,000
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136 STAT. 449
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, $3,808,494,000.
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, $501,231,000.
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,
$2,203,926,000.
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, $2,535,370,000.
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, $6,322,728,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $3,092,373,000, of which
$1,309,313,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $409,957,000 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,
$1,683,009,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $863,918,000.
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NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $842,169,000.
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PUBLIC LAW 117–103—MAR. 15, 2022
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $4,219,936,000.
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,
$655,699,000.
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,
$514,885,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $180,862,000.
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, $573,651,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,595,474,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,140,976,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $639,062,000.
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,
$424,590,000.
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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,
$159,365,000.
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136 STAT. 451
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,
$459,056,000.
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), $86,880,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $479,439,000:
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’’).
Contracts.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $882,265,000: 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 $606,646,000 is provided to the Clinical
and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR
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(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,616,520,000: 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
$657,401,000 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 $70,000,000 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
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Study.
PUBL103
136 STAT. 452
PUBLIC LAW 117–103—MAR. 15, 2022
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 to serve
and promote the interests of women in research, 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).
Time period.
Consultation.
Audit plan.
Time periods.
Deadline.
Grants.
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, $250,000,000, to remain
available through September 30, 2026.
NIH INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)
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Determination.
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
SUBSTANCE ABUSE
AND
136 STAT. 453
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, $2,048,090,000: 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 evidencebased 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
$315,000,000 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).
Grants.
Contracts.
State and local
governments.
Expenditure.
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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, $3,873,396,000: Provided, That
$1,525,000,000 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 $55,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
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PUBL103
136 STAT. 454
State and local
governments.
Opioids.
Allocations.
State and local
governments.
Territories.
District of
Columbia.
Determination.
Methodology.
Deadline.
Publication.
PUBLIC LAW 117–103—MAR. 15, 2022
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 21 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 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, $218,219,000.
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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,
$260,230,000: Provided, That of the amount made available under
this heading, $127,535,000 shall be used for the projects, and in
the amounts, specified in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ included for this division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated 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,
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 455
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
Fees.
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, $350,400,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2022: 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.
In addition, for carrying out such titles after May 31, 2022,
for the last quarter of fiscal year 2022 for unanticipated costs
incurred for the current fiscal year, such sums as may be necessary,
to remain available until expended.
In addition, for carrying out such titles 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.
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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.
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PUBL103
136 STAT. 456
PUBLIC LAW 117–103—MAR. 15, 2022
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
Fees.
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 $3,669,744,000 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, $397,334,000 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).
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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 $658,648,000 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 $112,207,000 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 457
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, $2,795,000,000, 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.
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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.), $3,800,304,000: 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 $785,000,000 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.
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Applicability.
State and local
governments.
Territories.
Allocations.
PUBL103
136 STAT. 458
PUBLIC LAW 117–103—MAR. 15, 2022
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Applicability.
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, $4,825,214,000, of which $4,777,459,000
shall remain available through September 30, 2024 for carrying
out such sections 414, 501, 462, and 235: 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
Contracts.
For carrying out the Child Care and Development Block Grant
Act of 1990 (‘‘CCDBG Act’’), $6,165,330,000 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, $184,960,000 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.
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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
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 459
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, and the Child Care and Development Block Grant
Act of 1990, $13,438,343,000, 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 $11,036,820,000 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) $52,000,000 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, of which not less than $2,600,000 shall be
available to migrant and seasonal Head Start programs for
such activities, in addition to funds made available for migrant
and seasonal Head Start programs under any other provision
of section 640(a) of such Act;
(4) $6,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent
with section 648(g) of such Act; and
(5) $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 $290,000,000
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
$787,383,000 shall be for making payments under the CSBG Act:
Provided further, That for services furnished under the CSBG Act
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PUBL103
136 STAT. 460
Procedures.
Time period.
42 USC 9921
note.
42 USC 9921.
Applicability.
42 USC 9921.
PUBLIC LAW 117–103—MAR. 15, 2022
with funds made available for such purpose in this fiscal year
and in fiscal year 2021, States may apply the last sentence of
section 673(2) of the CSBG Act by substituting ‘‘200 percent’’ for
‘‘125 percent’’: Provided further, That $32,383,000 shall be for section 680 of the CSBG Act, of which not less than $21,383,000
shall be for section 680(a)(2) and not less than $11,000,000 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 $200,000,000 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:
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
$1,864,000 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 $26,992,000
shall be used for the projects, and in the amounts, specified in
the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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.
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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, $82,515,000:
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 461
Provided, That of the funds available to carry out section 437,
$59,765,000 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), $20,000,000 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
$2,750,000, 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 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.
Applicability.
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
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(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,
$2,264,927,000, together with $53,115,000 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
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136 STAT. 462
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Notice.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 lowinterest 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 projects, and in the
amounts, specified in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE
OF THE
136 STAT. 463
SECRETARY
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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, $506,294,000, together with $64,828,000 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, $56,900,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 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 of
the funds made available under this heading, $35,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: 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
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Sexual risk
avoidance.
Embryo adoption.
PUBL103
136 STAT. 464
PUBLIC LAW 117–103—MAR. 15, 2022
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 StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3719)).
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,
$64,238,000 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, $82,400,000: 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: Provided
further, That of the amount appropriated under this heading, necessary sums shall be available for carrying out activities authorized
under section 3022 of the PHS Act (42 U.S.C. 300jj–52).
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$39,798,000.
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.
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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, $1,274,678,000, of which $745,005,000 shall
remain available through September 30, 2023, for expenses necessary to support advanced research and development pursuant
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 465
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), $780,000,000,
to remain available until expended.
For expenses necessary to carry out section 319F–2(a) of the
PHS Act, $845,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $300,000,000; of which
$265,000,000 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.
ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH
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(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the PHS Act
with respect to advanced research projects for health,
$1,000,000,000, to remain available through September 30, 2024:
Provided, That the President shall appoint in the Department of
Health and Human Services a director of advanced research projects
for health (Director): Provided further, That funds may be used
to make or rescind appointments of scientific, medical, and professional personnel without regard to any provision in title 5 governing
appointments under the civil service laws: Provided further, That
funds may be used to fix the compensation of such personnel at
a rate to be determined by the Director, up to the amount of
annual compensation (excluding expenses) specified in section 102
of title 3, United States Code: Provided further, That the Director
may use funds made available under this heading to make awards
in the form of grants, contracts, cooperative agreements, and cash
prizes, and enter into other transactions (as defined in section
319L(a)(3) of the PHS Act): Provided further, That activities supported with funds provided 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 Secretary may transfer the
Advanced Research Projects Agency for Health, including the functions, personnel, missions, activities, authorities, and funds, within
30 days of enactment of this Act to any agency or office of the
Department of Health and Human Services, including the National
Institutes of Health: Provided further, That the Committees on
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Appointment.
42 USC 241 note.
Grants.
Contracts.
Deadline.
PUBL103
136 STAT. 466
PUBLIC LAW 117–103—MAR. 15, 2022
Appropriations of the House of Representatives and the Senate
shall be notified at least 15 days in advance of any transfer pursuant
to the preceding proviso.
GENERAL PROVISIONS
Reports.
Determination.
Evaluation.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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)
Notification.
Time period.
Time period.
Contracts.
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Certification.
Children and
youth.
Family planning.
Child abuse.
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SEC. 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.
SEC. 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.
SEC. 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.
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 467
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 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.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 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.
SEC. 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.
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Abortions.
Gun control.
Government
employees.
Children and
youth.
AIDS.
Consultation.
Reimbursement.
Consultation.
Grants.
Contracts.
PUBL103
136 STAT. 468
PUBLIC LAW 117–103—MAR. 15, 2022
(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)
SEC. 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.
Notification.
Time period.
(TRANSFER OF FUNDS)
Determination.
Procedures.
Consultation.
Assessments.
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SEC. 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.
SEC. 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.
SEC. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 469
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(TRANSFER OF FUNDS)
SEC. 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.
SEC. 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.
SEC. 219. (a) The Secretary shall publish in the fiscal year
2023 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
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Contracts.
Determination.
Publication.
Web posting.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
SEC. 220. 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 described in section 4 (in the matter
preceding division A of this consolidated Act).
SEC. 221. 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).
Publication.
(TRANSFER OF FUNDS)
Deadline.
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Effective date.
Time period.
Applicability.
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SEC. 222. (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 described in
section 4 (in the matter preceding division A of this consolidated
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.
SEC. 223. 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)).
SEC. 224. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 471
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.
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(TRANSFER OF FUNDS)
SEC. 225. 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.
SEC. 226. (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.
SEC. 227. In addition to the amounts otherwise available for
‘‘Centers for Medicare & Medicaid Services, Program Management’’,
the Secretary of Health and Human Services may transfer up
to $355,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to support program management activity related to
the Medicare Program: Provided, That except for the foregoing
purpose, such funds may not be used to support any provision
of Public Law 111–148 or Public Law 111–152 (or any amendment
made by either such Public Law) or to supplant any other amounts
within such account.
SEC. 228. 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
described in section 4 (in the matter preceding division A of this
consolidated Act).
SEC. 229. 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
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Opioids.
Time period.
Notification.
Notifications.
Grants.
Time period.
Reports.
PUBL103
136 STAT. 472
Alien children.
Determination.
Time periods.
Grants.
Contracts.
Requirements.
Compliance.
Determination.
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Waiver authority.
Certification.
Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 230. 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 medical
goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other
items intended to promote the wellbeing of such children.
SEC. 231. 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;
(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;
(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; and
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 473
(6) not later than 60 days after the date of enactment
of this Act, ORR shall brief the Committees on Appropriations
of the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.
SEC. 232. 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.
SEC. 233. 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.
SEC. 234. 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.
SEC. 235. 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 229 of this Act
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Deadline.
Briefing.
Notification.
Time periods.
Analysis.
Alien children.
6 USC 279 note.
Reports.
Congress.
Alien children.
Time period.
Public
information.
Web posting.
Reports.
Alien children.
6 USC 279 note.
PUBL103
136 STAT. 474
PUBLIC LAW 117–103—MAR. 15, 2022
at costs not in excess of those paid for or reimbursed by the
Department of Defense.
(RESCISSION)
Deadline.
Real property.
Deadline.
Requirement.
Notification.
42 USC 283a–4.
Regulations.
Federal buildings
and facilities.
SEC. 236. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 223 of division G of Public
Law 110–161, $650,000,000 are hereby rescinded not later than
September 30, 2022.
SEC. 237. 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.
SEC. 238. 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.
SEC. 239. 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
a principal investigator or as 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.
SEC. 240. The CDC Undergraduate Public Health Scholars
Program is hereby renamed as the John R. Lewis CDC Undergraduate Public Health Scholars Program.
SEC. 241. The Center for Alzheimer’s Disease and Related
Dementias Building (Building T–44) at the National Institutes of
Health is hereby renamed as the Roy Blunt Center for Alzheimer’s
Disease and Related Dementias Research Building.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2022’’.
TITLE III
Department of
Education
Appropriations
Act, 2022.
DEPARTMENT OF EDUCATION
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 475
Act of 1965 (referred to in this Act as ‘‘HEA’’), $18,229,790,000,
of which $7,306,490,000 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 $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$4,857,550,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,857,550,000 shall be for
education finance incentive grants under section 1125A of the
ESEA: Provided further, That $221,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That $48,123,000
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, $1,557,112,000,
of which $1,409,242,000 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), $77,313,000 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.
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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, $5,595,835,000, of which
$3,757,312,000 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:
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PUBL103
136 STAT. 476
Applicability.
Applicability.
PUBLIC LAW 117–103—MAR. 15, 2022
Provided, That $390,000,000 shall be for part B of title I: Provided
further, That $1,289,673,000 shall be for part B of title IV: Provided
further, That $38,897,000 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 $37,953,000 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 $54,000,000 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
$195,000,000 shall be for part B of title V: Provided further, That
$1,280,000,000 shall be available for grants under subpart 1 of
part A of title IV.
INDIAN EDUCATION
Applicability.
Time period.
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
$9,365,000 shall be for 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: Provided further,
That grants awarded under sections 6132 and 6133 of the ESEA
with funds provided under this heading may be for a period of
up to 5 years.
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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, $1,160,250,000: Provided,
That $265,750,000 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 $660,500,000 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 477
through March 31, 2023, to carry out section 4305(b), and not
more than $15,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$234,000,000 shall be available through December 31, 2022 for
subpart 1 of part F of title IV: Provided further, That of the
funds available for subpart 4 of part F of title IV, $6,000,000
shall be for an award to a national nonprofit organization selected
in the 2018 arts in education national program competition for
activities authorized under section 4642(a)(1)(C), including costs
incurred prior to the award date, and not less than $8,000,000
shall be used to carry out a separate competition for eligible national
nonprofit organizations, as described in the Applications for New
Awards; Assistance for Arts Education Program—Arts in Education
National Program published in the Federal Register on May 7,
2018, for activities described under section 4642(a)(1)(C).
SAFE SCHOOLS
AND
CITIZENSHIP EDUCATION
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $361,000,000, to remain available
through December 31, 2022: Provided, That $201,000,000 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 $75,000,000 shall be available for section 4625: Provided further, That $85,000,000 shall be for section 4624.
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ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $831,400,000,
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).
Effective date.
Time period.
SPECIAL EDUCATION
State and local
governments.
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $14,519,119,000, of which $4,966,176,000 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
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20 USC 1411
note.
Applicability.
Time period.
20 USC 1411
note.
20 USC 1411
note.
Evaluation.
Grants.
Grants.
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Grants.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 nonprofit 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 479
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 local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations to carry out activities authorized by section
638 of IDEA: 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 3 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, $3,862,645,000, 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 table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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
Grants.
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, $40,431,000.
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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, $88,500,000:
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PUBLIC LAW 117–103—MAR. 15, 2022
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, $146,361,000: 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’’), $2,091,436,000, of which $1,300,436,000 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 of the amounts made available
for AEFLA, $13,712,000 shall be for national leadership activities
under section 242.
STUDENT FINANCIAL ASSISTANCE
20 USC 1070a
note.
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,580,352,000 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
Allocations.
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20 USC 1087f
note.
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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 the
Secretary shall 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 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 to service their new consolidated student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new
Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing
and Servicing Environment, unless such an environment provides
for the participation of multiple student loan servicers that contract
directly with the Department of Education to manage a unique
portfolio of borrower accounts and the full life-cycle of loans from
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 481
disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department shall re-allocate accounts from servicers for recurring noncompliance with FSA guidelines, contractual requirements, and
applicable laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet contract
requirements (including an understanding of Federal and State
law), future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further, That
to the extent FSA permits student loan servicing subcontracting,
FSA 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 FSA shall ensure that the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delinquency
or default: Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer
protection laws; and have relevant experience and demonstrated
effectiveness: 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: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance: Provided further,
That not later than 60 days after enactment of this Act, FSA
shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year
2022 and provide quarterly updates on this plan (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): Provided further, That the FSA
Next Generation Processing and Servicing Environment, or any
new Federal student loan servicing environment, shall include
accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines.
Reallocation.
Evaluations.
Contracts.
Time period.
Briefings.
Deadline.
Spend plan.
Time period.
Updates.
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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, $2,994,111,000, of which $76,000,000 shall remain available
through December 31, 2022: 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
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136 STAT. 482
Evaluation.
PUBLIC LAW 117–103—MAR. 15, 2022
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,
$249,400,000 shall be used for the projects, and in the amounts,
specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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, $344,018,000, 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.
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INSTITUTE
OF
EDUCATION SCIENCES
For necessary expenses for the Institute of Education Sciences
as authorized by section 208 of the Department of Education
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 483
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,
$737,021,000, 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.
Data.
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, $394,907,000, of which up to $7,000,000,
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, $135,500,000.
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, $64,000,000, of which $2,000,000 shall remain
available until expended.
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GENERAL PROVISIONS
SEC. 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.
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Voluntary
prayer.
Meditation.
PUBL103
136 STAT. 484
PUBLIC LAW 117–103—MAR. 15, 2022
(TRANSFER OF FUNDS)
Notification.
Time period.
Time period.
Effective date.
Applicability.
20 USC 1011c
note.
Applicability.
20 USC 1087h
note.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall
be applied by substituting ‘‘2022’’ for ‘‘2021’’.
SEC. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a))
shall be applied by substituting ‘‘2022’’ for ‘‘2021’’.
SEC. 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)
SEC. 308. Of the unobligated balances available under the
heading ‘‘Student Financial Assistance’’ for carrying out subpart
1 of part A of title IV of the HEA, $1,050,000,000 are hereby
rescinded.
(RESCISSION)
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Loan
cancellation.
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SEC. 309. 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.
SEC. 310. 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 outreach to borrowers
of loans made under part D of 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)), to ensure that
borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall specifically conduct
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 485
outreach to assist 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 enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section 455(m)
of such Act and improve the filing of employment certification
by providing improved outreach and information such as outbound
calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
SEC. 311. For an additional amount for ‘‘Department of Education—Federal Direct Student Loan Program Account’’,
$25,000,000, 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 under part D of 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 monthly payment made 12 months before
the borrower applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or incomecontingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past 5 years:
Provided further, 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 develop and make available a simple method for borrowers
to apply for loan cancellation under this section within 60 days
of enactment of this Act: 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 no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
SEC. 312. 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
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Website.
Loan
cancellation.
Time periods.
Deadline.
PUBL103
136 STAT. 486
Deadline.
Plan.
Waiver authority.
PUBLIC LAW 117–103—MAR. 15, 2022
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, 2024: 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 30 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.
SEC. 313. 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 $140,480,000
which shall be used for the projects, and in the amounts, specified
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That none of the funds made
available for such projects shall be subject to section 302 of this
Act.
SEC. 314. (a) IN GENERAL.—For the purpose of carrying out
section 435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR
668.206(a)(1), the Secretary of Education may waive the requirements under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of the HEA
(20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) or 34
CFR 668.213(b)(1) for an institution of higher education that offers
an associate degree, is a public institution, and is located in an
economically distressed county, defined as a county with a poverty
rate of at least 25 percent based on the U.S. Census Bureau’s
Small Area Income and Poverty Estimate program data for 2017
that was impacted by Hurricane Matthew.
(b) APPLICABILITY.—Subsection (a) shall apply to an institution
of higher education that otherwise would be ineligible to participate
in a program under part D of title IV of the Higher Education
Act of 1965 on or after the date of enactment of this Act due
to the application of section 435(a)(2) of the HEA (20 U.S.C.
1085(a)(2)) or 34 CFR 668.206(a)(1).
(c) COVERAGE.—This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
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(RESCISSION)
SEC. 315. Any remaining unobligated balances from amounts
made available in the second and third paragraphs under the
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 487
heading ‘‘Historically Black College and University Capital
Financing Program Account’’ in title III of division H of the Consolidated Appropriations Act, 2021 (Public Law 116–260) are hereby
permanently rescinded.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2022’’.
TITLE IV
RELATED AGENCIES
COMMITTEE
FOR
PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED
OR
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, $11,000,000: 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 $2,650,000 shall be available for the Office
of Inspector General.
CORPORATION
FOR
NATIONAL
AND
Contracts.
COMMUNITY SERVICE
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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’’), $865,409,000
, 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) $19,094,000 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) $34,505,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
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PUBL103
136 STAT. 488
Determination.
PUBLIC LAW 117–103—MAR. 15, 2022
$6,558,000 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)
Determination.
Notice.
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $190,550,000, 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, $88,082,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,595,000.
ADMINISTRATIVE PROVISIONS
Notice.
Public comment.
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Requirements.
Time period.
42 USC 12571
note.
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SEC. 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.
SEC. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 489
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ‘‘an approved national service position’’ for ‘‘a
national service program that receives grants under subtitle C’’.
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CORPORATION
FOR
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Time period.
Applicability.
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, $525,000,000: 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.
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Donations.
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Discrimination.
Political test.
PUBL103
136 STAT. 490
PUBLIC LAW 117–103—MAR. 15, 2022
FEDERAL MEDIATION
Fees.
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 LaborManagement 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, $50,058,000: 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, $268,000,000.
MEDICAID
AND
CHIP PAYMENT
AND
ACCESS COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,043,000.
MEDICARE PAYMENT ADVISORY COMMISSION
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SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,292,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
NATIONAL COUNCIL
ON
136 STAT. 491
DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,500,000.
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, $274,224,000: 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.
ADMINISTRATIVE PROVISION
SEC. 408. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
Electronic voting.
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, $14,729,000.
OCCUPATIONAL SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,622,000.
RAILROAD RETIREMENT BOARD
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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
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PUBL103
136 STAT. 492
Payment
schedule.
PUBLIC LAW 117–103—MAR. 15, 2022
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, $124,000,000, 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.
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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–
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 493
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, $45,913,823,000, 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.
Effective date.
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LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$13,202,945,000 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 $2,600,000
shall be for the Social Security Advisory Board: Provided further,
That $55,000,000 shall remain available through September 30,
2023, for activities to address the disability hearings backlog within
the Office of Hearings Operations: 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.
Of the total amount made available in the first paragraph
under this heading, 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,
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Notification.
Reimbursement.
Reviews.
Determination.
PUBL103
136 STAT. 494
Transfer
authority.
Reports.
Time periods.
PUBLIC LAW 117–103—MAR. 15, 2022
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.
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)
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Notice.
Time period.
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For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $30,900,000, together with not to exceed $77,765,000, 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 495
TITLE V
GENERAL PROVISIONS
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(TRANSFER OF FUNDS)
SEC. 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.
SEC. 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.
SEC. 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 executivelegislative 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.
SEC. 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
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Propaganda.
Lobbying.
Gun control.
PUBL103
136 STAT. 496
Abortions.
Definition.
Abortion.
Discrimination.
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Definition.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
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’’.
SEC. 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.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a
hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind
of health care facility, organization, or plan.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 497
SEC. 508. (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.
SEC. 509. (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 executivecongressional 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.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. 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.
SEC. 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 appropriation Act.
SEC. 513. 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.
SEC. 514. (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
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Human embryos.
Definition.
Drugs and drug
abuse.
Health and
health care.
Contracts.
Reports.
Certifications.
Consultations.
Time periods.
Notifications.
PUBL103
136 STAT. 498
Political
disclosure.
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Deadline.
Operating plan.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 515. (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.
SEC. 516. 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 described
in section 4 (in the matter preceding division A of this consolidated
Act) or the fiscal year 2022 budget request.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 499
SEC. 517. 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.
SEC. 518. 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.
SEC. 519. 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.
SEC. 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.
SEC. 521. 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.
SEC. 522. 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.
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Reports.
Contracts.
Grants.
Mexico.
Pornography.
PUBL103
136 STAT. 500
Time period.
Effective date.
Reports.
31 USC 1502
note.
Lists.
Deadline.
Grants.
Time period.
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Needles.
Syringes.
Drugs and drug
abuse.
Consultation.
Determination.
HIV.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 523. (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 experienced
civil unrest.
(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.
SEC. 524. 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.
SEC. 525. 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).
SEC. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
SEC. 527. 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 501
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SEC. 528. 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, $12,679,000,000 shall not be
available for obligation in this fiscal year.
SEC. 529. (a) This section applies to: (1) the Administration
for Children and Families in the Department of Health and Human
Services; and (2) The Chief Evaluation Office and the statisticalrelated 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.
SEC. 530. (a) An institution of higher education that received
funds under paragraph (2) of section 18004(a) of the CARES Act
(20 U.S.C. 3401 note; 134 Stat. 567), paragraph (2) of section
314(a) of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260; 134 Stat.
1932), or section 2003 of the American Rescue Plan Act of 2021
(Public Law 117–2; 135 Stat. 23) to the extent such funds are
allocated (in accordance with such section) under paragraph (2)
of section 314(a) of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (134 Stat. 1932) may use such
funds for the acquisition of real property or construction directly
related to preventing, preparing for, and responding to coronavirus,
provided that such use meets all other applicable requirements
and limitations specified in such Acts appropriating such funds.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of 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.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2022’’.
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Applicability.
Contracts.
Time period.
Reimbursement.
Real property.
PUBL103
136 STAT. 502
Legislative
Branch
Appropriations
Act, 2022.
2 USC 60a note.
PUBLIC LAW 117–103—MAR. 15, 2022
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2022
TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the Senate,
$10,000; President Pro Tempore Emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $5,000 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $5,000 for each Chairman; in all, $195,000.
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.
SALARIES, OFFICERS
AND
EMPLOYEES
For compensation of officers, employees, and others as authorized by law, including agency contributions, $239,404,000, which
shall be paid from this appropriation as follows:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,641,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $796,000.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore Emeritus,
$343,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $5,906,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $3,774,000.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $16,900,000.
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CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,813,000 for each such committee; in
all, $3,626,000.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 503
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $900,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,852,000 for each such committee; in all,
$3,704,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $562,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $28,091,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office
$98,563,000.
of
the
Sergeant
at
Arms
and
Doorkeeper,
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $2,038,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $71,560,000.
OFFICE
OF THE
LEGISLATIVE COUNSEL
OF THE
SENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $7,353,000.
OFFICE
OF
SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,299,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary
for the Majority of the Senate, $7,500; Secretary for the Minority
of the Senate, $7,500; in all, $30,000.
CONTINGENT EXPENSES
OF THE
SENATE
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INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
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PUBL103
136 STAT. 504
PUBLIC LAW 117–103—MAR. 15, 2022
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$136,600,000, of which $13,660,000 shall remain available until
September 30, 2024.
U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $530,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$23,036,000, of which $8,936,000 shall remain available until September 30, 2026, and of which $14,100,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $151,820,874, of which $147,820,874 shall
remain available until September 30, 2026, and of which $4,000,000
shall be for Senate hearing room audiovisual equipment, to remain
available until expended.
Spending plans.
Updates.
SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER RECOVERY
FUND
For expenses of the Sergeant at Arms Business Continuity
and Disaster Recovery Fund established in section 5 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 6611), as amended
by section 103 of this Act, $25,000,000, which shall remain available
until expended: Provided, That such amount and any amounts
transferred to the Fund shall be allocated in accordance with a
spending plan submitted to the Committee on Appropriations of
the Senate: Provided further, That the spending plan in the preceding proviso must be updated before any amount in the Fund
is obligated, if such obligation is not in accordance with that plan:
Provided further, That if the Sergeant at Arms submits to the
Committee on Appropriations of the Senate a request for emergency
supplemental funding, the Sergeant at Arms shall include with
the request an update to the latest spending plan submitted to
the Committee on Appropriations of the Senate: Provided further,
That any spending plan submitted pursuant to the preceding three
provisos shall include a presentation of the total amount of obligated
and unobligated amounts in the Fund.
MISCELLANEOUS ITEMS
For miscellaneous items, $23,021,500 which shall remain available until September 30, 2024.
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SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$486,274,200, of which $20,128,950 shall remain available until
September 30, 2024, and of which $7,000,000 shall be allocated
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 505
solely for the purpose of providing financial compensation to Senate
interns.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT
SEC. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under
the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT’’ shall be available for obligation only during the fiscal
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after
the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
Time periods.
ADJUSTMENTS TO SENATORS’ PERSONNEL AND OFFICE EXPENSE
ACCOUNT ALLOWANCE
SEC. 102. Effective on and after October 1, 2021, each of the
dollar amounts contained in the table under section 105(d)(1)(A)
of the Legislative Branch Appropriations Act, 1968 (2 U.S.C.
4575(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted by law and in effect on September 30, 2021,
increased by an additional $75,000 each.
Effective dates.
2 USC 4575 note.
SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER RECOVERY
FUND
SEC. 103. Section 5 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 6611) is amended—
(1) by striking all that precedes ‘‘is authorized,’’ and
inserting the following:
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‘‘SEC. 5. TRANSFER AUTHORITY AND SERGEANT AT ARMS BUSINESS
CONTINUITY AND DISASTER RECOVERY FUND.
‘‘(a) IN GENERAL.—The Sergeant at Arms and Doorkeeper of
the Senate’’; and
(2) by adding at the end the following:
‘‘(b) SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER
RECOVERY FUND.—
‘‘(1) DEFINITIONS.—In this subsection—
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PUBL103
136 STAT. 506
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(A) the term ‘Fund’ means the Sergeant at Arms
Business Continuity and Disaster Recovery Fund established under paragraph (2); and
‘‘(B) the term ‘Sergeant at Arms’ means the Sergeant
at Arms and Doorkeeper of the Senate.
‘‘(2) ESTABLISHMENT.—There is established under the
heading ‘CONTINGENT EXPENSES OF THE SENATE’ an account
to be known as the ‘Sergeant at Arms Business Continuity
and Disaster Recovery Fund’.
‘‘(3) USE OF AMOUNTS.—Amounts in the Fund shall be
available to the Sergeant at Arms for purposes of the business
continuity and disaster recovery needs of the Senate.
‘‘(4) AUTHORITY TO TRANSFER.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), prior
to the date of the withdrawal of amounts appropriated
under the heading ‘CONTINGENT EXPENSES OF THE
SENATE—SERGEANT AT ARMS AND DOORKEEPER OF THE
SENATE’ in accordance with the matter under the heading
‘GENERAL PROVISION’ under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107), any
unobligated balances of expired discretionary appropriations of such amounts may be transferred by the Sergeant
at Arms to the Fund.
‘‘(B) PERIOD OF AVAILABILITY.—Amounts transferred
under subparagraph (A) shall remain available until
expended.
‘‘(C) NOTICE.—If the Sergeant at Arms intends to
transfer amounts under subparagraph (A), the Sergeant
at Arms shall submit to the Committee on Appropriations
of the Senate written notice not later than 15 days before
the date of the withdrawal of such amounts in accordance
with the matter under the heading ‘GENERAL PROVISION’ under chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107).
‘‘(D) APPLICABILITY.—The authority to transfer
amounts under this paragraph shall apply with respect
to amounts appropriated for fiscal year 2022, or any fiscal
year thereafter.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Fund such sums as are
necessary for fiscal year 2022 and each fiscal year thereafter.’’.
Deadline.
HOUSE OF REPRESENTATIVES
PAYMENT
Jennifer K.
Carnahan.
TO
WIDOWS
HEIRS OF DECEASED MEMBERS
CONGRESS
AND
Notwithstanding any other provision of this Act, there is hereby
appropriated for fiscal year 2022 for payment to Jennifer K.
Carnahan, beneficiary of Jim Hagedorn, late a Representative from
the State of Minnesota, $174,000.
SALARIES
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OF
AND
EXPENSES
For salaries and expenses of the House of Representatives,
$1,714,996,045, as follows:
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 507
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $34,949,640,
including: Office of the Speaker, $10,036,950, including $35,000
for official expenses of the Speaker; Office of the Majority Floor
Leader, $3,565,870, including $15,000 for official expenses of the
Majority Leader; Office of the Minority Floor Leader, $10,036,950,
including $17,500 for official expenses of the Minority Leader; Office
of the Majority Whip, including the Chief Deputy Majority Whip,
$2,962,080, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $2,684,990, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $2,831,400; Democratic Caucus, $2,831,400: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2022 until
January 2, 2023.
Time period.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS,
AND OFFICIAL MAIL
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $774,400,000.
ALLOWANCE
FOR
COMPENSATION
OF INTERNS IN
MEMBER OFFICES
For the allowance established under section 120 of the Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the
compensation of interns who serve in the offices of Members of
the House of Representatives, $15,435,000, to remain available
through January 2, 2023: Provided, That notwithstanding section
120(b) of such Act, an office of a Member of the House of Representatives may use not more than $35,000 of the allowance available
under this heading during legislative year 2022.
ALLOWANCE
FOR
COMPENSATION OF INTERNS
OFFICES
IN
HOUSE LEADERSHIP
For the allowance established under section 113 of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of interns who serve in House leadership offices, $438,000,
to remain available through January 2, 2023: Provided, That of
the amount provided under this heading, $240,500 shall be available
for the compensation of interns who serve in offices of the majority,
to be allocated among such offices by the Speaker of the House
of Representatives, and $197,500 shall be available for the compensation of interns who serve in offices of the minority, to be
allocated among such offices by the Minority Floor Leader.
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ALLOWANCE
FOR COMPENSATION OF INTERNS IN HOUSE STANDING,
SPECIAL AND SELECT COMMITTEE OFFICES
For the allowance established under section 113(a)(1) of this
Act for the compensation of interns who serve in offices of standing,
special, and select committees (other than the Committee on Appropriations), $1,943,910, to remain available through January 2, 2023:
Provided, That of the amount provided under this heading, $971,955
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PUBL103
136 STAT. 508
PUBLIC LAW 117–103—MAR. 15, 2022
shall be available for the compensation of interns who serve in
offices of the majority, and $971,955 shall be available for the
compensation of interns who serve in offices of the minority, to
be allocated among such offices by the Chair, in consultation with
the ranking minority member, of the Committee on House Administration.
ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE
APPROPRIATIONS COMMITTEE OFFICES
Consultation.
For the allowance established under section 113(a)(2) of this
Act for the compensation of interns who serve in offices of the
Committee on Appropriations, $345,584: Provided, That of the
amount provided under this heading, $172,792 shall be available
for the compensation of interns who serve in offices of the majority,
and $172,792 shall be available for the compensation of interns
who serve in offices of the minority, to be allocated among such
offices by the Chair, in consultation with the ranking minority
member, of the Committee on Appropriations.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL
AND
SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $167,101,000: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2022, except that $3,100,000 of such
amount shall remain available until expended for committee room
upgrading.
COMMITTEE
ON
APPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$29,917,250, including studies and examinations of executive agencies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2022.
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SALARIES, OFFICERS
AND
EMPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $288,480,800, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $36,500,000, of which
$9,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Sergeant at Arms, including the
position of Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official representation and reception expenses, $27,695,000, of which
$15,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 509
not more than $3,000 for official representation and reception
expenses, $193,187,800, of which $30,000,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $3,000,000, of which $1,000,000 shall remain available until expended; for salaries and expenses of the Office of
the Whistleblower Ombuds, $1,250,000; for salaries and expenses
of the Office of the Inspector General, $5,019,000; for salaries and
expenses of the Office of General Counsel, $1,912,000; for salaries
and expenses of the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules, and
not more than $1,000 for official representation and reception
expenses, $2,134,000; for salaries and expenses of the Office of
the Law Revision Counsel of the House, $3,600,000; for salaries
and expenses of the Office of the Legislative Counsel of the House,
$12,625,000, of which $2,000,000 shall remain available until
expended; for salaries and expenses of the Office of Interparliamentary Affairs, $934,000; for other authorized employees, $624,000.
ALLOWANCES
AND
EXPENSES
For allowances and expenses as authorized by House resolution
or law, $399,984,861, including: supplies, materials, administrative
costs and Federal tort claims, $1,555,000; official mail for committees, leadership offices, and administrative offices of the House,
$190,000; Government contributions for health, retirement, Social
Security, contractor support for actuarial projections, and other
applicable employee benefits, $356,000,000, to remain available
until March 31, 2023, except that $25,000,000 of such amount
shall remain available until expended; salaries and expenses for
Business Continuity and Disaster Recovery, $23,812,861, of which
$6,000,000 shall remain available until expended; transition activities for new members and staff, $5,895,000, to remain available
until expended; Green and Gold Congressional Aide Program under
section 114 of this Act, $9,294,000, to remain available until
expended; Office of Congressional Ethics, $1,738,000; and miscellaneous items including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary receptions,
and gratuities to heirs of deceased employees of the House,
$1,500,000.
HOUSE
OF
REPRESENTATIVES MODERNIZATION INITIATIVES ACCOUNT
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(INCLUDING TRANSFER OF FUNDS)
For the House of Representatives Modernization Initiatives
Account established under section 115 of the Legislative Branch
Appropriations Act, 2021 (2 U.S.C. 5513), $2,000,000, to remain
available until expended: Provided, That disbursement from this
account is subject to approval of the Committee on Appropriations
of the House of Representatives: Provided further, That funds provided in this account shall only be used for initiatives recommended
by the Select Committee on Modernization or approved by the
Committee on House Administration.
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Approval.
PUBL103
136 STAT. 510
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT
Regulations.
Definition.
SEC. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2022.
Any amount remaining after all payments are made under such
allowances for fiscal year 2022 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to
carry out this section.
(c) As used in this section, the term ‘‘Member of the House
of Representatives’’ means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES
SEC. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.
CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES
SEC. 112. The head of any Federal entity that provides assistance to the House of Representatives in the House’s efforts to
deter, prevent, mitigate, or remediate cybersecurity risks to, and
incidents involving, the information systems of the House shall
take all necessary steps to ensure the constitutional integrity of
the separate branches of the government at all stages of providing
the assistance, including applying minimization procedures to limit
the spread or sharing of privileged House and Member information.
ALLOWANCES FOR COMPENSATION OF INTERNS IN HOUSE COMMITTEE
OFFICES
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2 USC 4316.
Applicability.
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SEC. 113. (a) ESTABLISHMENT OF ALLOWANCES.—There are
established for the House of Representatives the following allowances:
(1) An allowance which shall be available for the compensation of interns who serve in offices of a standing, special,
or select committee of the House (other than the Committee
on Appropriations).
(2) An allowance which shall be available for the compensation of interns who serve in offices of the Committee on Appropriations.
(b) BENEFIT EXCLUSION.—Section 104(b) of the House of Representatives Administrative Reform Technical Corrections Act (2
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 511
U.S.C. 5321(b)) shall apply with respect to an intern who is compensated under an allowance under this section in the same manner
as such section applies with respect to an intern who is compensated
under the Members’ Representational Allowance.
(c) DEFINITIONS.—In this section, the term ‘‘intern’’, with respect
to a committee of the House, has the meaning given such term
with respect to a Member of the House of Representatives in section
104(c)(2) of the House of Representatives Administrative Reform
Technical Corrections Act (2 U.S.C. 5321(c)(2)).
(d) CONFORMING AMENDMENT RELATING TO TRANSFER OF
AMOUNTS.—Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by inserting after
‘‘ ‘Allowance for Compensation of Interns in Member Offices’,’’ the
following: ‘‘ ‘Allowance for Compensation of Interns in House Appropriations Committee Offices’, ‘Allowance for Compensation of
Interns in House Standing, Special and Select Committee Offices’,’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2022 and each succeeding fiscal year.
GREEN AND GOLD CONGRESSIONAL AIDE PROGRAM
SEC. 114. (a) ESTABLISHMENT.—There is established in the
House of Representatives the Green and Gold Congressional Aide
Program (hereafter in this section referred to as the ‘‘Program’’)
for veterans and Gold Star Families, under the direction of the
Chief Administrative Officer of the House of Representatives, under
which an eligible individual may serve a 2-year fellowship in the
office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) or House
Officer.
(b) PLACEMENT.—An individual may serve a fellowship under
the Program at the Member’s office in the District of Columbia
or the Member’s office in the congressional district the Member
represents. Fellows assigned to House Officers may serve where
assigned.
(c) EXCLUSION OF APPOINTEES FOR PURPOSES OF LIMIT ON
NUMBER OF EMPLOYEES IN MEMBER OFFICES.—Any individual
serving a fellowship under the Program in the office of a Member
shall not be included in the determination of the number of
employees employed by the Member under section 104(a) of the
House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5321(a)).
(d) REGULATIONS.—The Program shall be carried out in accordance with regulations promulgated by the Committee on House
Administration.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for fiscal year 2022 and each succeeding fiscal
year such sums as may be necessary to carry out the Program.
(f) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2022 and each succeeding fiscal year.
Time period.
2 USC 5514.
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DAVID R. OBEY HEARING ROOM
SEC. 115. Hereafter, the hearing room of the Subcommittee
on Labor, Health and Human Services, Education, and Related
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40 USC 5101
note.
PUBL103
136 STAT. 512
PUBLIC LAW 117–103—MAR. 15, 2022
Agencies of the Committee on Appropriations of the House of Representatives (room 2358–C of the Rayburn House Office Building)
shall be known and designated as the ‘‘David R. Obey Room’’.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE
ON
TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$12,385,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
OFFICE
Reimbursement.
OF THE
ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $900 per month to 2 assistants and
$900 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $4,063,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
OFFICE
OF
CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Congressional Accessibility Services, $1,606,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
SALARIES
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Notification.
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For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $468,861,000 of which overtime
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 513
shall not exceed $71,289,224 unless the Committees on Appropriations of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or a duly authorized designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Centers, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$133,648,000, to be disbursed by the Chief of the Capitol Police
or a duly authorized designee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for the Capitol
Police at the Federal Law Enforcement Training Centers for fiscal
year 2022 shall be paid by the Secretary of Homeland Security
from funds available to the Department of Homeland Security.
ADMINISTRATIVE PROVISION
NOTIFICATION OF OBLIGATION
SEC. 120. (a) Beginning on the date of enactment of this Act,
the Chief of the United States Capitol Police shall provide written
notice to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives before
any obligation of funds under section 2802(a)(2) of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905(a)(2)) that equals or exceeds
$100,000.
(b) This section shall apply with respect to fiscal year 2022
and each fiscal year thereafter.
Effective date.
2 USC 1905b.
Applicability.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES
AND
EXPENSES
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $7,500,000, of which
$2,000,000 shall remain available until September 30, 2023, and
of which not more than $1,000 may be expended on the certification
of the Executive Director in connection with official representation
and reception expenses.
Certification.
CONGRESSIONAL BUDGET OFFICE
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SALARIES
AND
EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $60,953,000: Provided, That the Director shall use
not less than $500,000 of the amount made available under this
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Certification.
PUBL103
136 STAT. 514
PUBLIC LAW 117–103—MAR. 15, 2022
heading for (1) improving technical systems, processes, and models
for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of
Congress, and the public, and (2) to increase the availability of
models, economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
CAPITAL CONSTRUCTION
AND
OPERATIONS
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $139,116,500, of which $5,000,000
shall remain available until September 30, 2026.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $42,579,000, of which $12,899,000 shall remain
available until September 30, 2026.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $15,237,000, of which $2,000,000
shall remain available until September 30, 2026.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $81,977,000, of which $9,000,000 shall remain available until September 30, 2026, and of which $2,000,000 shall remain
available until expended.
HOUSE OFFICE BUILDINGS
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(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses for the maintenance, care and operation of the House office buildings, $212,422,500, of which
$12,000,000 shall remain available until September 30, 2026, and
of which $128,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building:
Provided, That of the amount made available under this heading,
$9,000,000 shall be derived by transfer from the House Office
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 515
Building Fund established under section 176(d) of the Continuing
Appropriations Act, 2017, as added by section 101(3) of the Further
Continuing Appropriation Act, 2017 (Public Law 114–254; 2 U.S.C.
2001 note).
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $114,598,000, of
which $24,575,000 shall remain available until September 30, 2026:
Provided, That not more than $10,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2022.
LIBRARY BUILDINGS
AND
GROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $64,544,000, of which $31,000,000 shall remain available
until September 30, 2026.
CAPITOL POLICE BUILDINGS, GROUNDS
AND
SECURITY
For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$62,389,733, of which $637,639 shall remain available until September 30, 2024, and be used to make bulk purchases of, store,
and distribute in coordination with partnering agencies personal
protective equipment wherever needed, subject to prior notification
to the Senate Committee on Appropriations and the House Committee on Appropriations, and $30,000,000 shall remain available
until September 30, 2026.
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BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $24,463,500, of which
$10,100,000 shall remain available until September 30, 2026: Provided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
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PUBL103
136 STAT. 516
PUBLIC LAW 117–103—MAR. 15, 2022
the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $25,569,000.
ADMINISTRATIVE PROVISIONS
NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET
Determination.
SEC. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless
the Architect of the Capitol, or agency-employed designee, 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.
AVAILABILITY OF COINS COLLECTED FROM FOUNTAINS FOR
MAINTENANCE OPERATIONS
SEC. 131. Section 504 of Public Law 110–437 (as codified at
2 U.S.C. 2273) is amended in subsection (c) by adding before the
period at the end of the first sentence the following: ‘‘, and
maintaining fountains under the jurisdiction of the Architect of
the Capitol’’.
LIBRARY OF CONGRESS
SALARIES
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Certification.
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AND
EXPENSES
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation
and maintenance of the American Folklife Center in the Library;
preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor
vehicle; and expenses of the Library of Congress Trust Fund Board
not properly chargeable to the income of any trust fund held by
the Board, $550,620,874, and, in addition, amounts credited to
this appropriation during fiscal year 2022 under the Act of June
28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain
available until expended: Provided, That the Library of Congress
may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized
for obligation or expenditure in appropriations Acts: Provided further, That of the total amount appropriated, not more than $18,000
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses,
including for the Overseas Field Offices: Provided further, That
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136 STAT. 517
of the total amount appropriated, $9,661,000 shall remain available
until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,419,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of
the total amount appropriated, $250,000 shall remain available
until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to eligible
entities across the United States: Provided further, That of the
total amount appropriated, $3,831,000 shall remain available until
expended for the Veterans History Project to continue digitization
efforts of already collected materials, reach a greater number of
veterans to record their stories, and promote public access to the
Project: Provided further, That of the total amount appropriated,
$10,000,000 shall remain available until expended for the Library’s
Visitor Experience project, and may be obligated and expended
only upon approval by the Subcommittee on the Legislative Branch
of the Committee on Appropriations of the House of Representatives
and by the Subcommittee on the Legislative Branch of the Committee on Appropriations of the Senate.
Approval.
COPYRIGHT OFFICE
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SALARIES AND EXPENSES
For all necessary expenses of the Copyright Office, $98,038,000,
of which not more than $38,004,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2022 under sections 708(d) and 1316
of title 17, United States Code: Provided, That the Copyright Office
may not obligate or expend any funds derived from collections
under such section in excess of the amount authorized for obligation
or expenditure in appropriations Acts: Provided further, That not
more than $6,969,000 shall be derived from collections during fiscal
year 2022 under sections 111(d)(2), 119(b)(3), 803(e), and 1005
of such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which collections
are less than $44,973,000: Provided further, That of the funds
provided under this heading, not less than $17,100,000 is for modernization initiatives, of which $10,000,000 shall remain available
until September 30, 2023: Provided further, That not more than
$100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ in the Copyright
Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $6,500 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code,
any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
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Certification.
PUBL103
136 STAT. 518
PUBLIC LAW 117–103—MAR. 15, 2022
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
Advance
approval.
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $129,106,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does not
apply to publication of non-confidential Congressional Research
Service (CRS) products: Provided further, That a non-confidential
CRS product includes any written product containing research or
analysis that is currently available for general congressional access
on the CRS Congressional Intranet, or that would be made available
on the CRS Congressional Intranet in the normal course of business
and does not include material prepared in response to Congressional
requests for confidential analysis or research.
NATIONAL LIBRARY SERVICE
FOR THE
BLIND
AND
PRINT DISABLED
SALARIES AND EXPENSES
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $61,227,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and print
disabled residents at no cost to the individual.
ADMINISTRATIVE PROVISIONS
REIMBURSABLE AND REVOLVING FUND ACTIVITIES
SEC. 140. (a) IN GENERAL.—For fiscal year 2022, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $292,430,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
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GIFTS
SEC. 141. (a) REVISING AUTHORITIES OF LIBRARIAN TO ACCEPT
GIFTS.—The first undesignated paragraph of section 4 of the Act
entitled ‘‘An Act to create a Library of Congress Trust Fund Board,
and for other purposes’’, approved March 3, 1925 (2 U.S.C. 160),
is amended—
(1) in the first sentence—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 519
(A) by striking ‘‘and’’ before ‘‘(3) gifts or bequests of
money for immediate disbursement’’; and
(B) by striking the period at the end and inserting
the following: ‘‘; and (4) gifts or bequests of securities
or other personal property.’’;
(2) in the second sentence, by inserting ‘‘of money’’ after
‘‘bequests’’;
(3) in the third sentence, by striking ‘‘enter them’’ and
inserting ‘‘enter the gift, bequest, or proceeds’’; and
(4) by inserting after the second sentence the following
new sentence: ‘‘In the case of a gift of securities, the Librarian
shall sell the gift and provide the donor with such acknowledgment as needed for the donor to substantiate the gift.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fiscal year 2022 and each succeeding
fiscal year.
2 USC 160 note.
LIBRARY OF CONGRESS ORDERS UNDER TASK AND DELIVERY ORDER
CONTRACTS
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SEC. 142. (a) CONTRACT MODIFICATIONS.—An order issued
under a task order contract or a delivery order contract (as such
terms are defined in section 4101 of title 41, United States Code)
entered into by the Librarian of Congress may not increase the
scope, period, or maximum value of the contract under which the
order is issued. The scope, period, or maximum value of the contract
may be increased only by modification of the contract.
(b) EXCEPTIONS FROM ADVERTISING REQUIREMENT.—Section
6102 of title 41, United States Code, is amended by adding at
the end the following:
‘‘(j) LIBRARIAN OF CONGRESS.—Section 6101 of this title does
not apply to a procurement made against an order placed under
a task order contract or a delivery order contract (as such terms
are defined in section 4101 of this title) entered into by the
Librarian of Congress.’’.
(c) PROTESTS.—
(1) PROTEST NOT AUTHORIZED.—A protest to an order
described in subsection (a) filed pursuant to the procedures
in subchapter V of chapter 35 of title 31, United States Code,
is not authorized unless such protest—
(A) is an objection on the basis that the order is in
violation of subsection (a); or
(B) concerns an order valued in excess of $10,000,000.
(2) JURISDICTION OVER PROTESTS.—Notwithstanding section
3556 of title 31, United States Code, the Comptroller General
shall have exclusive jurisdiction of a protest authorized under
paragraph (1)(B).
(d) EFFECTIVE DATE.—This section and the amendment made
by this section shall apply with respect to fiscal year 2022 and
each succeeding fiscal year.
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2 USC 186.
PUBL103
136 STAT. 520
PUBLIC LAW 117–103—MAR. 15, 2022
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
Time periods.
Deadline.
Time periods.
Approval.
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing
of Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without
charge to the recipient, $78,872,161: Provided, That this appropriation shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title
44, United States Code: Provided further, That this appropriation
shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act
for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended
to print a document, report, or publication after the 27-month
period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title
44, United States Code: Provided further, That unobligated or unexpended balances of expired discretionary funds made available
under this heading in this Act for this fiscal year may be transferred
to, and merged with, funds under the heading ‘‘GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND’’ 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, to be available for carrying out the purposes of this
heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That notwithstanding sections 901, 902, and 906 of title
44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT
DOCUMENTS
OF
SALARIES AND EXPENSES
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(INCLUDING TRANSFER OF FUNDS)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format,
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $34,020,000: Provided,
That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for the preceding
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 521
two fiscal years to depository and other designated libraries: Provided further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act
for this fiscal year may be transferred to, and merged with, funds
under the heading ‘‘GOVERNMENT PUBLISHING OFFICE BUSINESS
OPERATIONS REVOLVING FUND’’ 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, to be available
for carrying out the purposes of this heading, subject to the approval
of the Committees on Appropriations of the House of Representatives and the Senate.
Deadline.
Time periods.
Approval.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $11,345,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available 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 programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That activities financed through the
Business Operations Revolving Fund may provide information in
any format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading ‘‘PUBLIC
INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS’’
may not be used for contracted security services at Government
Publishing Office’s passport facility in the District of Columbia.
Certification.
GOVERNMENT ACCOUNTABILITY OFFICE
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SALARIES
AND
EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
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PUBL103
136 STAT. 522
Determination.
Reimbursements.
PUBLIC LAW 117–103—MAR. 15, 2022
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $719,230,113: Provided, That, in addition, $38,900,000
of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department
or agency which is a member of the National Intergovernmental
Audit Forum or a Regional Intergovernmental Audit Forum shall
be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially
financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL
LEADERSHIP FUND
Russia.
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office
for International Leadership under section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), as amended by
section 140 of this Act, $6,000,000: Provided, That funds made
available to support Russian participants shall only be used for
those engaging in free market development, humanitarian activities,
and civic engagement, and shall not be used for officials of the
central government of Russia.
ADMINISTRATIVE PROVISION
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CONVERSION OF OPEN WORLD LEADERSHIP CENTER TO
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP
SEC. 150. (a) CONVERSION.—
(1) ESTABLISHMENT OF OFFICE.—Section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151) is
amended—
(A) in the heading, by striking ‘‘OPEN WORLD
LEADERSHIP CENTER’’ and inserting ‘‘CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP’’;
(B) by amending paragraph (1) of subsection (a) to
read as follows:
‘‘(1) IN GENERAL.—There is established in the legislative
branch of the Government an office to be known as the ‘Congressional Office for International Leadership’ (the ‘Office’).’’; and
(C) in paragraph (2) of subsection (a), by striking ‘‘The
Center’’ and inserting ‘‘The Office’’.
(2) PURPOSE; GRANT PROGRAM; APPLICATION.—Section
313(b) of such Act (2 U.S.C. 1151(b)) is amended—
(A) in paragraph (1), by striking ‘‘the Center’’ and
inserting ‘‘the Office’’;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 523
(B) in paragraph (2), by striking ‘‘the Center’’ each
place it appears and inserting ‘‘the Office’’;
(C) in paragraph (3)(C)(iii), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
(D) in paragraph (4)(A), by striking ‘‘the Center’’ each
place it appears and inserting ‘‘the Office’’; and
(E) in paragraph (4)(B)(iv), by striking ‘‘the Center’’
and inserting ‘‘the Office’’.
(3) TRUST FUND.—Section 313(c) of such Act (2 U.S.C.
1151(c)) is amended—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—There is established in the Treasury
of the United States a trust fund to be known as the ‘Congressional Office for International Leadership Fund’ (the ‘Fund’),
which shall consist of amounts which may be appropriated,
credited, or transferred to it under this section.’’; and
(B) by striking ‘‘the Center’’ each place it appears in
paragraphs (2) and (3)(B) and inserting ‘‘the Office’’.
(4) EXECUTIVE DIRECTOR.—Section 313(d) of such Act (2
U.S.C. 1151(d)) is amended by striking ‘‘the Center’’ each place
it appears and inserting ‘‘the Office’’.
(5) ADMINISTRATIVE PROVISIONS.—Section 313(e) of such
Act (2 U.S.C. 1151(e)) is amended by striking ‘‘the Center’’
each place it appears and inserting ‘‘the Office’’.
(b) PARTICIPATION OF EMERGING CIVIC LEADERS OF ELIGIBLE
FOREIGN STATES.—Section 313(b) of such Act (2 U.S.C. 1151(b))
is amended by striking ‘‘political leaders’’ each place it appears
in paragraphs (1) and (2) and inserting ‘‘political and civic leaders’’.
(c) REFERENCES IN LAW.—Any reference in any law, rule, or
regulation—
(1) to the Open World Leadership Center shall be deemed
to refer to the Congressional Office for International Leadership; and
(2) to the Open World Leadership Center Trust Fund shall
be deemed to refer to the Congressional Office for International
Leadership Fund.
(d) EFFECTIVE DATE; TRANSITION.—
(1) EFFECTIVE DATE.—This section and the amendments
made by this section shall take effect on or after the later
of October 1, 2021, or the date of the enactment of this Act.
(2) SERVICE OF CURRENT EXECUTIVE DIRECTOR.—The individual serving as the Executive Director of the Open World
Leadership Center as of the day before the date of the enactment of this Act shall be deemed to have been appointed
by the Librarian of Congress to serve as the Executive Director
of the Congressional Office for International Leadership.
2 USC 1151 note.
2 USC 1151 note.
Appointment.
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JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment 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), $430,000.
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136 STAT. 524
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES
SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION
SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2022 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION
SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES
SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
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 under existing law.
Contracts.
Public
information.
COSTS OF LEGISLATIVE BRANCH FINANCIAL MANAGERS COUNCIL
Determination.
SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
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LIMITATION ON TRANSFERS
SEC. 206. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 525
by, or transfer authority provided in, this Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL
SEC. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by
section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.
2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
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LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT
SEC. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation for a high 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,
office, or other entity acquiring the equipment or system has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition decisions for high or 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 Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation
or other appropriate Federal entity, conducted an assessment
of any risk of cyber-espionage or sabotage associated with the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact 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 or moderate impact
information system reviewed and assessed under subsection (a)
unless the head of the assessing entity described in subsection
(a) has—
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Huawei
Technologies
Company.
ZTE Corporation.
Review.
Consultation.
Assessment.
Cyber threats.
China.
Iran.
North Korea.
Russia.
Consultations.
Determination.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate
impact system is in the vital national security interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended
for acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such report
may include a classified annex as necessary.
Mitigation
strategy.
Determination.
Reports.
PROHIBITION ON CERTAIN OPERATIONAL EXPENSES
Pornography.
SEC. 209. (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 or other official government activities.
PLASTIC WASTE REDUCTION
Contracts.
Coordination.
Consultation.
SEC. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic
waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.
CAPITOL COMPLEX HEALTH AND SAFETY
SEC. 211. In addition to the amounts appropriated under this
Act under the heading ‘‘OFFICE OF THE ATTENDING PHYSICIAN’’,
there is hereby appropriated to the Office of the Attending Physician
$5,000,000, to remain available until expended, for response to
COVID–19, including testing, subject to the same terms and conditions as the amounts appropriated under such heading.
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ANNUAL RATE OF PAY FOR PERSONNEL OF CERTAIN LEGISLATIVE
BRANCH OFFICES
SEC. 212. (a) ARCHITECT OF THE CAPITOL.—Section 1 of the
Act entitled ‘‘An Act to fix the annual rates of pay for the Architect
of the Capitol and the Assistant Architect of the Capitol’’ (2 U.S.C.
1802) is amended by striking ‘‘the maximum rate’’ and all that
follows and inserting ‘‘the annual rate of basic pay for level II
of the Executive Schedule under section 5313 of title 5, United
States Code.’’.
(b) CHIEF OF THE CAPITOL POLICE.—Subsection (c) of the first
section of the Act entitled ‘‘An Act to establish by law the position
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 527
of Chief of the Capitol Police, and for other purposes’’ (2 U.S.C.
1902) is amended by striking ‘‘$1,000 less than’’ and all that follows
and inserting ‘‘the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.’’.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the first day of the first applicable
pay period beginning on or after the date of enactment of this
Act.
2 USC 1802 note.
SENATE STAFF COMPENSATION
SEC. 213. (a) IN GENERAL.—
(1) CHANGE IN MAXIMUM RATES.—Section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575) is amended
by striking ‘‘$173,900’’ each place it appears and inserting
‘‘the annual rate of basic pay in effect for level II of the
Executive Schedule under section 5313 of title 5, United States
Code’’.
(2) ADJUSTMENTS.—
(A) IN GENERAL.—Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4571) is amended—
(i) in subsection (a), in the matter following paragraph (2), by striking ‘‘and adjust’’ and all that follows
through ‘‘and Senators.’’ and inserting ‘‘, subject to
section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).’’;
(ii) by striking subsection (d); and
(iii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(B) OTHER ADJUSTMENTS.—Section 315(a) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 4573(a))
is amended by striking ‘‘to the extent’’ and all that follows
through ‘‘Senators.’’ and inserting ‘‘, subject to section 105(f)
of the Legislative Branch Appropriation Act, 1968 (2 U.S.C.
4575(f)).’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the first day of the first applicable
pay period beginning on or after the date of enactment of this
Act.
2 USC 4571 note.
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PLAQUE TO HONOR MEMBERS OF LAW ENFORCEMENT WHO
RESPONDED ON JANUARY 6
SEC. 214. (a) SENSE OF CONGRESS.—It is the sense of Congress
that the United States owes its deepest gratitude to those officers
of the United States Capitol Police and the Metropolitan Police
Department of the District of Columbia, as well as officers from
other Federal, State, and local law enforcement agencies and protective entities, who valiantly protected the United States Capitol,
Members of Congress, and staff on January 6, 2021.
(b) PLAQUE.—Not later than 1 year after the date of the enactment of this Act, the Architect of the Capitol shall obtain an
honorific plaque listing the names of all of the officers of the
United States Capitol Police, the Metropolitan Police Department
of the District of Columbia, and other Federal, State, and local
law enforcement agencies and protective entities who responded
to the violence that occurred at the United States Capitol on
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2 USC 2131 note
prec.
Deadline.
PUBL103
136 STAT. 528
PUBLIC LAW 117–103—MAR. 15, 2022
January 6, 2021, and shall place the plaque at a permanent location
on the western front of the United States Capitol.
(c) COMPILATION AND CONFIRMATION OF LIST OF NAMES.—
(1) LIST OF NAMES FOR PLAQUE.—The Chairs and Ranking
Members of the Committee on House Administration of the
House of Representatives, the Committee on Rules and
Administration of the Senate, and the Subcommittees on the
Legislative Branch of the Committees on Appropriations of
the House of Representatives and Senate shall jointly compile
and confirm a list of the officers of the United States Capitol
Police, the Metropolitan Police Department of the District of
Columbia, and other Federal, State, and local law enforcement
agencies and protective entities whose names should be
included on the plaque under this section.
(2) INCLUSION OF NAMES OF SPECIFIC OFFICERS.—In compiling the list under paragraph (1), the Chairs and Ranking
Members of the Committees and Subcommittees described in
such paragraph shall include the names of the specific individuals described in paragraph (2) of section 215(c) of H. R. 4346,
One Hundred Seventeenth Congress, as passed by the House
of Representatives on July 28, 2021.
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2022’’.
Military
Construction,
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2022.
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2022
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
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Determination.
Notification.
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For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,051,772,000, to remain
available until September 30, 2026: Provided, That, of this amount,
not to exceed $190,619,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading,
$182,080,000 shall be for the projects and activities, and in the
amounts, specified under the heading ‘‘Military Construction, Army’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
MILITARY CONSTRUCTION, NAVY
AND
136 STAT. 529
MARINE CORPS
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $2,644,277,000, to remain available until September 30, 2026: Provided, That, of this amount,
not to exceed $453,652,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $476,145,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ‘‘Military Construction, Navy and Marine Corps’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
Determination.
Notification.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $2,204,750,000, to remain available until September 30,
2026: Provided, That, of this amount, not to exceed $287,175,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available under
this heading, $291,060,000 shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Air Force’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act),
in addition to amounts otherwise available for such purposes.
Determination.
Notification.
MILITARY CONSTRUCTION, DEFENSE-WIDE
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(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $2,206,051,000, to remain available until September
30, 2026: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, 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 further, That, of the amount, not to
exceed $347,727,000 shall be available for study, planning, design,
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Determination.
Notification.
PUBL103
136 STAT. 530
PUBLIC LAW 117–103—MAR. 15, 2022
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $91,655,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ‘‘Military Construction, Defense-Wide’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
Determination.
Notification.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $337,893,000, to remain available
until September 30, 2026: Provided, That, of the amount, not to
exceed $57,725,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $49,790,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ‘‘Military Construction, Army National Guard’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
Determination.
Notification.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $305,050,000, to remain available until
September 30, 2026: Provided, That, of the amount, not to exceed
$23,682,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $104,280,000 shall be for the
projects and activities, and in the amounts, specified under the
heading ‘‘Military Construction, Air National Guard’’ in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
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MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 531
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$94,111,000, to remain available until September 30, 2026: Provided, That, of the amount, not to exceed $7,167,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$29,200,000 shall be for the projects and activities, and in the
amounts, specified under the heading ‘‘Military Construction, Army
Reserve’’ in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
Determination.
Notification.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $71,804,000, to remain available
until September 30, 2026: Provided, That, of the amount, not to
exceed $6,005,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Determination.
Notification.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$120,074,000, to remain available until September 30, 2026: Provided, That, of the amount, not to exceed $5,830,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available under
this heading, $41,700,000 shall be for the projects and activities,
and in the amounts, specified under the heading ‘‘Military Construction, Air Force Reserve’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Determination.
Notification.
NORTH ATLANTIC TREATY ORGANIZATION
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SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
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PUBL103
136 STAT. 532
PUBLIC LAW 117–103—MAR. 15, 2022
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $215,853,000, to
remain available until expended.
DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $529,639,000,
to remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $99,849,000, to remain available until September 30, 2026.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $391,227,000.
FAMILY HOUSING CONSTRUCTION, NAVY
AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$77,616,000, to remain available until September 30, 2026.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $357,341,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $115,716,000, to remain
available until September 30, 2026.
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FAMILY HOUSING OPERATION
AND
MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $325,445,000.
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PUBLIC LAW 117–103—MAR. 15, 2022
FAMILY HOUSING OPERATION
AND
136 STAT. 533
MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $49,785,000.
DEPARTMENT
OF
DEFENSE
FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $6,081,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
DEPARTMENT
OF
DEFENSE
MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $494,000, to remain available until
expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied
housing and supporting facilities.
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ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
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Contracts.
Certification.
Determination.
PUBL103
136 STAT. 534
Notification.
Steel.
Notification.
Contracts.
Japan.
Kwajalein Atoll.
Contracts.
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Notification.
Military exercise.
Time period.
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PUBLIC LAW 117–103—MAR. 15, 2022
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 535
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)
SEC. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
Time periods.
Notifications.
Determination.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 118. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be
merged with and be available for the same purposes and for the
same time period as the fund to which transferred.
SEC. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
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10 USC 2821
note.
Time periods.
Notifications.
PUBL103
136 STAT. 536
PUBLIC LAW 117–103—MAR. 15, 2022
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
Reports.
(INCLUDING TRANSFER OF FUNDS)
Time period.
Determination.
SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
SEC. 123. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.
SEC. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2026:
‘‘Military Construction, Army’’, $636,100,000;
‘‘Military Construction, Navy and Marine Corps’’,
$1,281,980,000;
‘‘Military Construction, Air Force’’, $237,450,000;
‘‘Military Construction, Defense-Wide’’, $93,000,000;
‘‘Military
Construction,
Army
National
Guard’’,
$71,000,000;
‘‘Military Construction, Air National Guard’’, $86,620,000;
‘‘Military Construction, Army Reserve’’, $29,200,000;
‘‘Military Construction, Air Force Reserve’’, $44,000,000;
and
‘‘Family Housing Construction, Army’’, $88,064,000:
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 537
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective military department’s unfunded priority list for fiscal year
2022 submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further, That not later
than 30 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.
SEC. 125. All amounts appropriated to the ‘‘Department of
Defense—Military Construction, Army’’, ‘‘Department of Defense—
Military Construction, Navy and Marine Corps’’, ‘‘Department of
Defense—Military Construction, Air Force’’, and ‘‘Department of
Defense—Military Construction, Defense-Wide’’ accounts pursuant
to the authorization of appropriations in a National Defense
Authorization Act specified for fiscal year 2022 in the funding
table in section 4601 of that Act shall be immediately available
and allotted to contract for the full scope of authorized projects.
SEC. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from
prior appropriations Acts may be obligated before October 1, 2023
for fiscal year 2017 military construction projects for which project
authorization has not lapsed or for which authorization is extended
for fiscal year 2022 by a National Defense Authorization Act: Provided, That no amounts may be obligated pursuant to this section
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.
Deadline.
Expenditure
plan.
Allotment.
Contracts.
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(RESCISSION OF FUNDS)
SEC. 127. Of the unobligated balances available to the Department of Defense from prior appropriations Acts under the heading
‘‘Military Construction, Defense-Wide’’, $131,000,000 is hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 128. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
SEC. 129. For an additional amount for the accounts and in
the amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2026:
‘‘Military Construction, Army’’, $85,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$15,000,000; and
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PUBL103
136 STAT. 538
Deadline.
Expenditure
plan.
Approval.
Deadline.
Expenditure
plan.
Deadline.
Expenditure
plan.
Expenditure
plan.
Deadline.
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Approval.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘Military Construction, Air Force’’, $25,000,000:
Provided, That not later than 30 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.
SEC. 130. For an additional amount for ‘‘Military Construction,
Navy and Marine Corps’’, $275,000,000, to remain available until
September 30, 2026, for Shipyard Infrastructure Optimization Plan
unspecified worldwide construction: Provided, That such funds may
only be obligated to carry out construction projects identified in
the Department of the Navy’s unfunded priority list for fiscal year
2022 submitted to Congress or for planning and design necessary
to support the Shipyard Infrastructure Optimization Plan: Provided
further, That not later than 60 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 section.
SEC. 131. For an additional amount for ‘‘Military Construction,
Defense-Wide’’, $153,000,000, to remain available until September
30, 2026: Provided, That such funds may only be obligated to
carry out construction projects specified in a National Defense
Authorization Act for fiscal year 2022 in the funding table in
section 4601 of that Act: 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 section.
SEC. 132. 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’’, $25,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$40,000,000;
‘‘Military Construction, Air Force’’, $40,000,000; and
‘‘Military Construction, Defense-Wide’’, $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.
SEC. 133. For an additional amount for the accounts and in
the amounts specified for planning and design, for child development centers, to remain available until September 30, 2026:
‘‘Military Construction, Army’’, $11,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$11,000,000; and
‘‘Military Construction, Air Force’’, $11,000,000:
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 539
Provided, That not later than 60 days after the date of 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.
SEC. 134. For an additional amount for the accounts and in
the amounts specified for expenses incurred as a result of natural
disasters, to remain available until September 30, 2026:
‘‘Military Construction, Navy and Marine Corps’’,
$20,000,000; and
‘‘Military Construction, Air Force’’, $130,000,000:
Provided, That not later than 60 days after the date of 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.
SEC. 135. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2024:
‘‘Military
Construction,
Army
National
Guard’’,
$86,536,000; and
‘‘Military Construction, Air National Guard’’, $35,371,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department’s cost to complete projects list of previously appropriated
projects submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further, That not later
than 30 days after the date of 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.
SEC. 136. The Secretary concerned may waive the percentage
or dollar cost limitations applicable to a military construction project
or a military family housing project with a total authorized cost
less than $500,000,000 pursuant to subsection (c) of section 2853
of title 10, United States Code, with notice to the congressional
defense committees, even if that waiver would increase the project
cost by more than 50 percent of the total authorized cost of the
project: Provided, That such authority to waive cost limitations
may only be used by the Secretary concerned with respect to a
military construction or military family housing project with a
total authorized cost greater than $500,000,000 with notice to the
congressional defense committees, if that waiver would not increase
the project cost by more than 50 percent of the total authorized
cost of the project: Provided further, That the authority provided
by this section shall remain available until enactment of a National
Defense Authorization Act for Fiscal Year 2023.
SEC. 137. For an additional amount for ‘‘Military Construction,
Navy and Marine Corps’’, $50,000,000, to remain available until
September 30, 2026, for planning and design of water treatment
and distribution facilities construction: Provided, That not later
than 30 days after the date of 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 section: Provided further, That the
Secretary of the Navy may not obligate or expend any funds prior
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Deadline.
Expenditure
plan.
Deadline.
Expenditure
plan.
Deadline.
Expenditure
plan.
Waiver authority.
Notification.
Deadline.
Expenditure
plan.
PUBL103
136 STAT. 540
Deadline.
Expenditure
plan.
Approval.
Deadline.
Expenditure
plan.
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Cuba.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
to approval by the Committees on Appropriations of both Houses
of Congress of the expenditure plan required by this section.
SEC. 138. For an additional amount for the accounts and in
the amounts specified to address cost increases identified subsequent to the fiscal year 2022 budget request for authorized major
construction projects included in that request, to remain available
until September 30, 2026:
‘‘Military Construction, Army’’, $4,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$11,000,000;
‘‘Military Construction, Air Force’’, $25,000,000;
‘‘Military Construction, Defense-Wide’’, $30,000,000;
‘‘Military Construction, Air National Guard’’, $11,800,000;
‘‘Military Construction, Army Reserve’’, $5,800,000;
‘‘Military Construction, Air Force Reserve’’, $4,400,000; and
‘‘Family Housing Construction, Navy and Marine Corps’’,
$13,000,000:
Provided, That not later than 30 days after the date of 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.
SEC. 139. For an additional amount for the accounts and in
the amounts specified to address cost increases for authorized major
construction projects funded by this Act, to remain available until
September 30, 2026:
‘‘Military Construction, Army’’, $20,800,000;
‘‘Military Construction, Navy and Marine Corps’’,
$18,926,000;
‘‘Military Construction, Air Force’’, $46,574,000;
‘‘Military Construction, Defense-Wide’’, $11,410,000;
‘‘Military Construction, Army National Guard’’, $9,961,000;
‘‘Military Construction, Air National Guard’’, $9,180,000;
‘‘Military Construction, Army Reserve’’, $7,000,000; and
‘‘Military Construction, Air Force Reserve’’, $2,000,000:
Provided, That not later than 30 days after the date of 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.
SEC. 140. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 541
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $8,955,364,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2021, to remain available until expended; and, in addition, $152,016,542,000, which shall
become available on October 1, 2022, to remain available until
expended: Provided, That not to exceed $20,115,000 of the amount
made available for fiscal year 2023 under this heading shall be
reimbursed to ‘‘General Operating Expenses, Veterans Benefits
Administration’’, and ‘‘Information Technology Systems’’ for necessary expenses in implementing the provisions of chapters 51,
53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and Pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical Care Collections Fund’’ to augment the funding of
individual medical facilities for nursing home care provided to pensioners as authorized.
Reimbursement.
Reimbursement.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, $8,906,851,000, which shall become available on
October 1, 2022, to remain available until expended: Provided,
That expenses for rehabilitation program services and assistance
which the Secretary is authorized to provide under subsection (a)
of section 3104 of title 38, United States Code, other than under
paragraphs (1), (2), (5), and (11) of that subsection, shall be charged
to this account.
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VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
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PUBL103
136 STAT. 542
PUBLIC LAW 117–103—MAR. 15, 2022
19 and 21 of title 38, United States Code, $109,865,000, which
shall become available on October 1, 2022, to remain available
until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: 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, during fiscal year
2022, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $229,500,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $2,838, as authorized by chapter
31 of title 38, United States Code: 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 funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $1,662,758.
In addition, for administrative expenses necessary to carry
out the direct loan program, $429,467, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,400,000.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION
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Determination.
VerDate Sep 11 2014
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For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$3,453,813,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until
September 30, 2023.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 543
VETERANS HEALTH ADMINISTRATION
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; $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.
Drugs and drug
abuse.
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MEDICAL COMMUNITY CARE
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at nonDepartment facilities, $3,269,000,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2021; 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.
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PUBL103
136 STAT. 544
PUBLIC LAW 117–103—MAR. 15, 2022
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,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $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;
$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.
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NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $394,000,000, of which
not to exceed 10 percent shall remain available until September
30, 2023.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 545
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $401,200,000,
of which not to exceed 10 percent shall remain available until
September 30, 2023: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’.
BOARD OF VETERANS APPEALS
For necessary operating expenses of the Board of Veterans
Appeals, $228,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2023.
INFORMATION TECHNOLOGY SYSTEMS
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$4,842,800,000,
plus
reimbursements:
Provided,
That
$1,414,215,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30,
2023: Provided further, That $3,131,585,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2023: Provided further, That
$297,000,000 shall be for information technology systems development, and shall remain available until September 30, 2023: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ‘‘Information Technology Systems’’ account for development may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $3,000,000
of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and
an approval is issued, or absent a response, a period of 30 days
has elapsed: Provided further, That the funds made available under
this heading for information technology systems development shall
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136 STAT. 546
PUBLIC LAW 117–103—MAR. 15, 2022
be for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
VETERANS ELECTRONIC HEALTH RECORD
Reports.
Effective date.
Plans.
Deadline.
For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $2,500,000,000, to remain
available until September 30, 2024: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility,
including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only
be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds
made available under this heading shall not be available until
July 1, 2022, and are contingent upon the Secretary of Veterans
Affairs providing a plan with benchmarks and measurable metrics
for deployment, and a plan for addressing all required infrastructure
upgrades, no later than 30 days prior to that date to the Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $239,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2023.
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CONSTRUCTION, MAJOR PROJECTS
Notification.
Approval.
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For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $1,611,000,000, of which $911,000,000
shall remain available until September 30, 2026, and of which
$700,000,000 shall remain available until expended, of which
$100,000,000 shall be available for seismic improvement projects
and seismic program management activities, including for projects
that would otherwise be funded by the Construction, Minor Projects,
Medical Facilities or National Cemetery Administration accounts:
Provided, That except for advance planning activities, including
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 547
needs assessments which may or may not lead to capital investments, and other capital asset management related activities,
including portfolio development and management activities, and
planning, cost estimating, and design for major medical facility
projects and major medical facility leases and investment strategy
studies funded through the advance planning fund and the planning
and design activities funded through the design fund, staffing
expenses, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds made
available under this heading shall be used for any project that
has not been notified to Congress through the budgetary process
or that has not been approved by the Congress through statute,
joint resolution, or in the explanatory statement accompanying
such Act and presented to the President at the time of enrollment:
Provided further, That such sums as may be necessary shall be
available to reimburse the ‘‘General Administration’’ account for
payment of salaries and expenses of all Office of Construction
and Facilities Management employees to support the full range
of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2022, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2022; and (2) by the awarding
of a construction contract by September 30, 2023: Provided further,
That the Secretary of Veterans Affairs shall promptly submit to
the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That notwithstanding the requirements
of section 8104(a) of title 38, United States Code, amounts made
available under this heading for seismic improvement projects and
seismic program management activities shall be available for the
completion of both new and existing seismic projects of the Department.
Reimbursement.
Reports.
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CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $553,000,000, of which $497,700,000 shall
remain available until September 30, 2026, and of which
$55,300,000 shall remain available until expended, along with
unobligated balances of previous ‘‘Construction, Minor Projects’’
appropriations which are hereby made available for any project
where the estimated cost is equal to or less than the amount
set forth in such section: Provided, That funds made available
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PUBL103
136 STAT. 548
PUBLIC LAW 117–103—MAR. 15, 2022
under this heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the Department
which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $50,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $48,500,000, to
remain available until expended.
ASSET AND INFRASTRUCTURE REVIEW
For carrying out the VA Asset and Infrastructure Review Act
of 2018 (subtitle A of title II of Public Law 115–182), $5,000,000,
to remain available until September 30, 2023.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Time period.
SEC. 201. Any appropriation for fiscal year 2022 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)
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Notification.
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SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2022, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’ accounts may be
transferred among the accounts: Provided, That any transfers
among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
‘‘Medical Support and Compliance’’ accounts of 1 percent or less
of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary
of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ‘‘Medical Services’’,
‘‘Medical Community Care’’, and ‘‘Medical Support and Compliance’’
accounts in excess of 1 percent, or exceeding the cumulative 1
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 549
percent for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
‘‘Medical Facilities’’ account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2021.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’.
Reimbursement.
Time period.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2022, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2022
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
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Reimbursement.
PUBL103
136 STAT. 550
Determination.
PUBLIC LAW 117–103—MAR. 15, 2022
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2022 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services
shall be available until expended.
(INCLUDING TRANSFER OF FUNDS)
Disclosure.
Reimbursement.
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management, Diversity and
Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within
the Office of Human Resources and Administration for all services
provided at rates which will recover actual costs but not to exceed
$78,417,225 for the Office of Resolution Management, Diversity
and Inclusion, $6,609,000 for the Office of Employment Discrimination Complaint Adjudication, and $3,822,000 for the Alternative
Dispute Resolution function within the Office of Human Resources
and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
‘‘General Administration’’ and ‘‘Information Technology Systems’’
accounts for use by the office that provided the service.
SEC. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 212. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, Major Projects’’
and ‘‘Construction, Minor Projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 551
SEC. 213. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
SEC. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ‘‘Medical Services’’ and
‘‘Medical Community Care’’ accounts to remain available until
expended for the purposes of these accounts.
SEC. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and
dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term
‘‘rural Alaska’’ shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North
Star Borough.
Requirement.
Compliance.
Definition.
(INCLUDING TRANSFER OF FUNDS)
SEC. 216. Such sums as may be deposited into the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the paragraph entitled
‘‘Quarterly reporting’’, under the heading ‘‘General Administration’’
in the joint explanatory statement accompanying Public Law 114–
223.
Reports.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 218. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans
Benefits Administration’’, ‘‘Board of Veterans Appeals’’, ‘‘General
Administration’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2022 may be transferred to or from the ‘‘Information
Technology Systems’’ account: Provided, That such transfers may
not result in a more than 10 percent aggregate increase in the
total amount made available by this Act for the ‘‘Information Technology Systems’’ account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
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PUBL103
136 STAT. 552
PUBLIC LAW 117–103—MAR. 15, 2022
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(INCLUDING TRANSFER OF FUNDS)
Notification.
Repeal.
134 Stat. 1676.
SEC. 219. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2022 for ‘‘Medical Services’’,
‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up to $379,009,000, plus reimbursements,
may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571)
and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division J of Public Law 116–260
is repealed.
(INCLUDING TRANSFER OF FUNDS)
Effective date.
Notification.
SEC. 220. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2022,
for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, up to $323,242,000,
plus reimbursements, may be transferred to the Joint Department
of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 221. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 553
Stat. 3571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 222. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and
Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000
shall be transferred to the DOD–VA Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
SEC. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
SEC. 225. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
SEC. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That,
at a minimum, the report shall include the direction contained
in the section entitled ‘‘Disability claims backlog’’, under the heading
‘‘General Operating Expenses, Veterans Benefits Administration’’
in the joint explanatory statement accompanying Public Law 114–
223: Provided further, That the report shall also include information
on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly
basis.
SEC. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
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Notifications.
Deadlines.
Approval.
Deadline.
Reports.
Data.
Time period.
Notification.
Deadline.
PUBL103
136 STAT. 554
PUBLIC LAW 117–103—MAR. 15, 2022
organizational unit of the Department of Veterans Affairs to
another.
SEC. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
Time period.
Notification.
(INCLUDING TRANSFER OF FUNDS)
Determinations.
Approval.
SEC. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2022 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2022, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
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(INCLUDING TRANSFER OF FUNDS)
Suicide hotline.
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SEC. 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2022, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
SEC. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations
of both Houses of Congress.
SEC. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 555
(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action that
prohibits the Secretary of Veterans Affairs from appointing an
individual to occupy a vacant civil service position, or establishing
a new civil service position, at the Department of Veterans Affairs
with respect to such a position relating to the hotline specified
in subsection (a).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, Presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study
on the effectiveness of the hotline specified in subsection (a) during
the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall—
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
SEC. 233. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any other
Act may be obligated or expended in contravention of the ‘‘Veterans
Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast
Cancer Guidance’’ published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and Disease Prevention.
SEC. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—
(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ‘‘service-connected’’ has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ‘‘covered veteran’’ means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of fertility
treatment.
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Definitions.
Study.
Time period.
Analysis.
Data.
Determinations.
Effective date.
Time period.
Reimbursement.
Definitions.
PUBL103
136 STAT. 556
Contracts.
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Consultation.
Deadlines.
38 USC 5701
note prec.
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PUBLIC LAW 117–103—MAR. 15, 2022
(3) The term ‘‘assisted reproductive technology’’ means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of title
10, United States Code, as described in the memorandum on
the subject of ‘‘Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such
a member except that—
(A) the time periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ‘‘adoption reimbursement’’ means reimbursement for the adoption-related expenses for an adoption that
is finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds
contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).
SEC. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with:
(1) section 842 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115;
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
SEC. 236. Section 842 of Public Law 109–115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
tribes as defined in section 5304(e) of title 25, United States Code,
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
SEC. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense
and the Secretary of Labor, shall discontinue using Social Security
account numbers to identify individuals in all information systems
of the Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by
the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 557
of the Department of Veterans Affairs if and only if the use of
such number is required to obtain information the Secretary
requires from an information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of Public Law 116–94.
SEC. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and 2023 for ‘‘Medical Services’’,
section 239 of division A of Public Law 114–223 shall apply.
SEC. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
SEC. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and fiscal year 2023 for ‘‘Medical
Services’’, funds may be used in each year to carry out and expand
the child care program authorized by section 205 of Public Law
111–163, notwithstanding subsection (e) of such section.
SEC. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute
or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff
on any topic not otherwise prohibited from disclosure by Federal
law or required by Executive order to be kept secret in the interest
of national defense or the conduct of foreign affairs.
SEC. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and 2023, section 258 of division
A of Public Law 114–223 shall apply.
SEC. 243. (a) None of the funds appropriated or otherwise
made available by 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 the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General
and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all 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 Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within
5 calendar days of any failure by any department or agency covered
by this section to comply with this requirement.
SEC. 244. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of Veterans
Affairs.
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Applicability.
Time periods.
Contracts.
Time periods.
Applicability.
Records.
Compliance.
Reports.
PUBL103
136 STAT. 558
Time periods.
Applicability.
Effective date.
38 USC 303 note.
Effective date.
Research and
development.
Animals.
Determination.
Reports.
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Deadline.
Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2022 to convert any program which received
specific purpose funds in fiscal year 2021 to a general purpose
funded program unless the Secretary of Veterans Affairs submits
written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least 30 days prior
to any such action and an approval is issued by the Committees.
SEC. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and 2023, section 248 of division
A of Public Law 114–223 shall apply.
SEC. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline,
or non-human primate unless the Secretary of Veterans Affairs
approves such research specifically and in writing pursuant to
subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using
canines, felines, or non-human primates if the Secretary determines
that—
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report describing—
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research.
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall submit
to such Committees a report describing—
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 559
(e) The Department shall implement a plan under which the
Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5 years
after the date of enactment of Public Law 116–94.
SEC. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each
such program.
SEC. 249. Amounts made available for the ‘‘Veterans Health
Administration, Medical Community Care’’ account in this or any
other Act for fiscal years 2022 and 2023 may be used for expenses
that would otherwise be payable from the Veterans Choice Fund
established by section 802 of the Veterans Access, Choice, and
Accountability Act, as amended (38 U.S.C. 1701 note).
SEC. 250. Obligations and expenditures applicable to the ‘‘Medical Services’’ account in fiscal years 2017 through 2019 for aid
to state homes (as authorized by section 1741 of title 38, United
States Code) shall remain in the ‘‘Medical Community Care’’ account
for such fiscal years.
SEC. 251. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2022, in this or any other Act,
under the ‘‘Veterans Health Administration—Medical Services’’,
‘‘Veterans Health Administration—Medical Community Care’’, ‘‘Veterans Health Administration—Medical Support and Compliance’’,
and ‘‘Veterans Health Administration—Medical Facilities’’ accounts,
$840,446,000 shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
Plan.
Deadline.
Reports.
Assessment.
Recommendations.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 252. Amounts made available for the Department of Veterans Affairs for ‘‘Medical Facilities’’ and ‘‘General Administration’’
in this Act or prior Acts that remain available for obligation in
fiscal year 2022 may be transferred as necessary to the ‘‘Asset
and Infrastructure Review’’ account for the purposes of carrying
out the VA Asset and Infrastructure Review Act of 2018 (subtitle
A of title II of Public Law 115–182): Provided, That the total
amounts transferred may not increase the account by more than
$2,000,000: Provided further, That in advance of any such transfer,
the Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed.
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Time period.
PUBL103
136 STAT. 560
PUBLIC LAW 117–103—MAR. 15, 2022
(RESCISSION OF FUNDS)
Plan.
Time period.
Reports.
Updates.
Expenditure
plan.
Notification.
Reallocations.
Time period.
SEC. 253. (a) Of the unobligated balances in the ‘‘Recurring
Expenses Transformational Fund’’ established in section 243 of
division J of Public Law 114–113, $820,000,000 is hereby rescinded
immediately upon enactment of this Act.
(b) For an additional amount for the accounts and in the
amounts specified, to remain available until expended, in addition
to such other funds as may be available for such purposes, as
follows:
(1) ‘‘Departmental Administration—Information Technology Systems’’, $670,000,000, for information technology systems improvements and sustainment; and
(2) ‘‘Veterans Health Administration—Medical Facilities’’,
$150,000,000, for facilities infrastructure improvements,
including non-recurring maintenance, at existing hospitals and
clinics of the Veterans Health Administration:
Provided, That prior to obligation of any of the funds provided
in this subsection, the Secretary of Veterans Affairs must provide
a plan for the execution of the funds appropriated in this subsection
to the Committees on Appropriations of both Houses of Congress
and such Committees issue an approval, or absent a response,
a period of 30 days has elapsed.
SEC. 254. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report on the status of the ‘‘Veterans Medical Care and Health
Fund’’, established to execute section 8002 of the American Rescue
Plan Act of 2021 (Public Law 117–2): Provided, That, at a minimum,
the report shall include an update on obligations by program, project
or activity and a plan for expending the remaining funds: Provided
further, That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment
categories of ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Medical Community Care’’, or ‘‘Medical and
Prosthetic Research’’, including the amount and purpose of each
reallocation to the Committees on Appropriations of both Houses
of Congress and such Committees issue an approval, or absent
a response, a period of 30 days has elapsed.
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(RESCISSIONS OF FUNDS)
SEC. 255. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts
in the amounts specified:
‘‘Veterans Health Administration—Medical Services’’,
$200,000,000;
‘‘Veterans Health Administration—Medical Community
Care’’, $200,000,000; and
‘‘Departmental
Administration—Veterans
Electronic
Health Record’’, $200,000,000:
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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 561
(RESCISSION OF FUNDS)
SEC. 256. Immediately upon enactment of this Act, of the
unobligated balances of funds made available by section 8003 of
the American Rescue Plan Act of 2021 (Public Law 117–2) to
the Department of Veterans Affairs for the supply chain modernization initiative, $76,105,000 is hereby rescinded.
SEC. 257. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of
title 38, United States Code, between October 1, 2016 and September 30, 2017 for purposes of carrying out an order placed with
the Department of Veterans Affairs pursuant to section 1535 of
title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to
remain available for the liquidation of valid obligations incurred
by such corporation during the period of performance of such order,
provided that the Secretary of Veterans Affairs determines that
such amounts need to remain available for such liquidation.
Time period.
Determination.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $87,500,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT
OF
APPEALS
FOR
VETERANS CLAIMS
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SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $41,700,000:
Provided, That $3,385,104 shall be available for the purpose of
providing financial assistance as described and in accordance with
the process and reporting procedures set forth under this heading
in Public Law 102–229.
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PUBL103
136 STAT. 562
PUBLIC LAW 117–103—MAR. 15, 2022
DEPARTMENT
OF
DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $2,000 for official reception and representation expenses, $87,000,000, of which not to exceed $15,000,000
shall remain available until September 30, 2024. In addition, such
sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
CONSTRUCTION
For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers’ and Airmen’s
Home National Cemetery, $141,000,000, to remain available until
expended, for planning and design and construction associated with
the Southern Expansion project at Arlington National Cemetery.
ARMED FORCES RETIREMENT HOME
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $77,000,000, to
remain available until September 30, 2023, of which $9,000,000
shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the Armed
Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
ADMINISTRATIVE PROVISION
SEC. 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available
until expended to support activities at the Army National Military
Cemeteries.
TITLE IV
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GENERAL PROVISIONS
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 563
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 405. 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 or any other appropriations Act.
SEC. 406. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 407. (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 confidential or 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.
SEC. 408. (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.
SEC. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for firstclass travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
SEC. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
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Web posting.
Public
information.
Reports.
Determination.
Time period.
Pornography.
Contracts.
PUBL103
136 STAT. 564
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10, United
States Code.
SEC. 412. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022’’.
Cuba.
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2022.
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2022
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT
ADMINISTRATION
OF
OF
STATE
FOREIGN AFFAIRS
DIPLOMATIC PROGRAMS
Time period.
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Allocations.
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For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,178,789,000, of which
$808,589,000 may remain available until September 30, 2023, and
of which up to $3,788,199,000 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 565
(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, $994,768,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $3,175,725,000, of which up to $3,126,959,000
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 described
in section 4 (in the matter preceding division A of this
consolidated Act) to—
(i) support the activities of an Ambassador-atLarge for the Arctic Region; and
(ii) implement an Arctic Indigenous Exchange Program.
(E) Of the amount made available under this heading,
up to $100,000,000 may be transferred to, and merged
with, funds made available in title I of this Act under
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Consultation.
PUBL103
136 STAT. 566
PUBLIC LAW 117–103—MAR. 15, 2022
the heading ‘‘Capital Investment Fund’’: Provided, That
the exercise of the authority provided by this subparagraph
shall be subject to prior consultation with the Committees
on Appropriations.
Consultation.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, as
authorized, $300,000,000, 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, $40,000,000,
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
Fellowships and
scholarships.
Consultation.
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Consultation.
Notification.
For necessary expenses of educational and cultural exchange
programs, as authorized, $753,000,000, to remain available until
expended, of which not less than $275,000,000 shall be for the
Fulbright Program and not less than $113,860,000 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.
REPRESENTATION EXPENSES
For representation expenses as authorized, $7,415,000.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 567
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,
$850,722,000, 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, $7,885,000, 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’’.
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.
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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.
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PUBL103
136 STAT. 568
PUBLIC LAW 117–103—MAR. 15, 2022
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
22 USC 269a
note.
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
United Nations.
Notifications.
Budget.
Notification.
Time period.
Effective date.
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 the regular
notification procedures of 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.
United Nations.
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Deadline.
Time period.
Notification.
Cost estimates.
Certification.
Reports.
Human rights.
Public
information.
Web posting.
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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, $1,498,614,000,
of which $749,307,000 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 569
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 the regular
notification procedures of the Committees on Appropriations.
INTERNATIONAL COMMISSIONS
Procedures.
Human rights.
Determination.
President.
Recommendations.
Notification.
22 USC 269a
note.
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:
Compliance.
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$51,970,000, of which $7,796,000 may remain available until September 30, 2023.
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CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $51,030,000, 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
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Transfer
authority.
Consultation.
Notification.
PUBL103
136 STAT. 570
PUBLIC LAW 117–103—MAR. 15, 2022
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
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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,
$850,300,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $47,708,000 of the amount appropriated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $27,000,000 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 described in section 4 (in the matter preceding division A of this consolidated
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 571
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: Provided further, That up to
$5,000,000 from the USAGM Buying Power Maintenance account
may be transferred to, and merged with, funds appropriated by
this Act under the heading ‘‘International Broadcasting Operations’’,
which shall remain available until expended: Provided further, That
such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law and shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Notification.
Notification.
Deadline.
Determination.
Terrorism.
Notification.
Transfer
authority.
Consultation.
Notification.
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, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
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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.
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PUBL103
136 STAT. 572
PUBLIC LAW 117–103—MAR. 15, 2022
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 EasternWestern 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
Salaries.
Contracts.
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.
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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), $315,000,000, to remain
available until expended, of which $195,840,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $104,160,000 shall be for democracy programs: Provided, That the requirements of section 7062(a) of this Act shall
not apply to funds made available under this heading.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 573
OTHER COMMISSIONS
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
AMERICA’S HERITAGE
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.
Termination
date.
Notification.
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 the Committees on Appropriations: Provided further, That the United States
Commission on International Religious Freedom shall, on a regular
basis, monitor, 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.
COMMISSION
ON
SECURITY
AND
COOPERATION
IN
Consultation.
Reports.
Human rights.
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
REPUBLIC OF CHINA
ON THE
PEOPLE’S
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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.
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PUBL103
136 STAT. 574
PUBLIC LAW 117–103—MAR. 15, 2022
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
Extension.
Applicability.
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 fifth
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.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
Contracts.
Reports.
Contracts.
Time period.
Transfer
authority.
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.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 575
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.
Notification.
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $80,000,000, of which
up to $12,000,000 may remain available until September 30, 2023,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE 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:
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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, $3,880,000,000, 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 in 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 of the United States, supports or participates in the management of a program of coercive abortion or
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Apportionment.
Determination.
Abortion.
Sterilization.
PUBL103
136 STAT. 576
Deadline.
Abortion.
Lobbying.
Abortion.
Family planning.
Requirements.
Determination.
Reports.
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Grants.
Discrimination.
Compliance.
Definition.
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 577
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, $5,950,000,000, 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.
Condoms.
Apportionment.
Notification.
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, $4,140,494,000,
to remain available until September 30, 2023: Provided, That funds
made available under this heading shall be apportioned to the
United States Agency for International Development.
Apportionment.
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, $3,905,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United
States Agency for International Development not later than 60
days after enactment of this Act.
Apportionment.
Deadline.
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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, $80,000,000, to remain available until
expended: Provided, That such support may include assistance to
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PUBL103
136 STAT. 578
Reports.
Determination.
Consultation.
PUBLIC LAW 117–103—MAR. 15, 2022
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
Apportionment.
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: Provided further,
That funds appropriated under this heading shall be apportioned
to the United States Agency for International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $4,099,000,000,
to remain available until September 30, 2023.
DEMOCRACY FUND
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Consultation.
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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, 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, which shall be made
available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 579
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), $500,000,000, 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, $2,912,188,000, to remain available until
expended, of which $5,000,000 shall be made available for refugees
resettling in Israel.
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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’’.
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Transfer
authority.
PUBL103
136 STAT. 580
PUBLIC LAW 117–103—MAR. 15, 2022
INDEPENDENT AGENCIES
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
Consultation.
Abortions.
Applicability.
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
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Applicability.
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 581
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $42,000,000, to remain
available until September 30, 2023: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 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.), $40,000,000, to remain available until September 30, 2023,
of which not to exceed $2,000 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
Waiver authority.
Reports.
Payments.
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 $9,500,000 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.
Contracts.
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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,
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President.
Determination.
PUBL103
136 STAT. 582
PUBLIC LAW 117–103—MAR. 15, 2022
of modifying loans and loan guarantees for, or credits extended
to, such countries as the President may determine, including the
costs 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
President.
Determination.
Time period.
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 costs 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, 2025.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
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INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,004,000, 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 funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 583
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, $900,000,000, 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
activities, the clearance of unexploded ordnance, 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 related 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.
Consultation.
Notification.
Determination.
Israel.
Notification.
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PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $455,000,000, of which
$227,500,000 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
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136 STAT. 584
PUBLIC LAW 117–103—MAR. 15, 2022
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.
Somalia.
Notification.
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: Provided further,
That of the funds appropriated under this heading, $3,000,000
shall remain available until expended 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.
Consultation.
Notification.
FOREIGN MILITARY FINANCING PROGRAM
Consultation.
Notification.
Contracts.
Apportionment.
Contracts.
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Notification.
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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), $6,040,424,000: 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: 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, the clearance
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 585
of unexploded ordnance, and related 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 $1,186,853,000 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 2022 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.
Notification.
Notification.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
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INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $423,000,000: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy Fund:
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 described in section 4 (in the matter preceding
division A of this consolidated 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.
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Deadline.
Consultation.
Notification.
PUBL103
136 STAT. 586
PUBLIC LAW 117–103—MAR. 15, 2022
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 CLEAN TECHNOLOGY FUND
For contribution to the Clean Technology Fund, $125,000,000,
to remain available until expended: Provided, That up to
$125,000,000 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.
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LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 587
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, $5,000,000, 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.
TITLE 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.
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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.
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Contracts.
PUBL103
136 STAT. 588
PUBLIC LAW 117–103—MAR. 15, 2022
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.
Extension.
12 USC 635a
note.
Fees.
PROGRAM BUDGET APPROPRIATIONS
Disbursement.
Loans.
Time periods.
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
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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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 589
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.
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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
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Time period.
Notification.
Consultation.
Notification.
Collections.
PUBL103
136 STAT. 590
PUBLIC LAW 117–103—MAR. 15, 2022
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.
Reduction.
PROGRAM ACCOUNT
Time period.
Disbursements.
Time period.
Time period.
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
$8,000,000,000.
TRADE AND DEVELOPMENT AGENCY
Time period.
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.
TITLE VII
GENERAL PROVISIONS
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ALLOWANCES AND DIFFERENTIALS
SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 591
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT
SEC. 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.
Time period.
Records.
CONSULTING SERVICES
SEC. 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.
Contracts.
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DIPLOMATIC FACILITIES
SEC. 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 House Report 117–
84.
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Consultation.
Determination.
PUBL103
136 STAT. 592
Consultation.
Notification.
Waiver authority.
PUBLIC LAW 117–103—MAR. 15, 2022
(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 the appropriate
congressional committees 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.
(e) SOFT TARGETS.—Funds appropriated by this Act under the
heading ‘‘Embassy Security, Construction, and Maintenance’’ may
be made available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
PERSONNEL ACTIONS
SEC. 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
SEC. 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
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Cuba.
North Korea.
Iran.
Syria.
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SEC. 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 593
´ TAT
COUPS D’E
SEC. 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’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat 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.
Certification.
Reports.
Notification.
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TRANSFER OF FUNDS AUTHORITY
SEC. 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
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Determination.
Reports.
Consultation.
Notification.
PUBL103
136 STAT. 594
Contracts.
Consultation.
Notification.
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Coordination.
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 595
the Nita M. Lowey Middle East Partnership for Peace Act
shall be excluded from the limitation contained in this paragraph and in section 7009(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260).
(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 accounts under the
heading ‘‘United States International Development Finance
Corporation’’ and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of section
1421 of the BUILD Act of 2018: Provided, That such funds
shall be subject to the limitations provided in the second, third,
and fifth provisos under the heading ‘‘United States International Development Finance Corporation—Program Account’’
in this Act: Provided further, That any transfer executed pursuant to the transfer authority provided in this paragraph shall
not exceed 10 percent of an individual Compact awarded pursuant to section 609(a) of the Millennium Challenge Act of 2003
(Title VI of Public Law 108–199): Provided further, 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: Provided further, That within 60
days of the termination in whole or in part of the Compact
from which funds were transferred under this authority to
the United States International Development Finance Corporation, any unobligated balances shall be transferred back to
the Millennium Challenge Corporation, subject to the regular
notification procedures of the Committees on Appropriations.
(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
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Consultation.
Notification.
Deadline.
Notification.
President.
Deadline.
Consultation.
Policy
justification.
PUBL103
136 STAT. 596
PUBLIC LAW 117–103—MAR. 15, 2022
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
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Pornography.
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SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded
by this Act in contravention of section 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
(b) 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.
(c) 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.
(d) EMAIL SERVERS OUTSIDE THE .GOV DOMAIN.—None of the
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 that are made
available to the Department of State and the United States Agency
for International Development may be made available to support
the use or establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records management as part of a Federal government records management program
in contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113–187).
(e) 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 597
(4) do not include activities that are substantially of a
recreational character.
(f) 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
SEC. 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.
Time period.
Reports.
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LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 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
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Time period.
Loans.
President.
Determination.
Consultation.
PUBL103
136 STAT. 598
PUBLIC LAW 117–103—MAR. 15, 2022
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
Negotiation.
Deadline.
Assessments.
Reports.
Time period.
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Regulations.
Guidance.
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SEC. 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.
(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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 599
(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
SEC. 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.
Determination.
Reports.
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NOTIFICATION REQUIREMENTS
SEC. 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
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Deadlines.
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136 STAT. 600
President.
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 601
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
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Consultation.
PUBL103
136 STAT. 602
Consultation.
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Consultation.
Reports.
Certifications.
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PUBLIC LAW 117–103—MAR. 15, 2022
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, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Rwanda, Somalia,
South Sudan, Sri Lanka, Sudan, Syria, 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 this section in House Report 117–84.
(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
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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.
Time period.
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DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT, AND RELATED
CYBERSECURITY PROTECTIONS
SEC. 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) PUBLIC POSTING OF REPORTS.—
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal
agency receiving funds made available by this Act shall be
posted on the public Web site of such agency not later than
45 days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if—
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
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Review.
Updates.
Compliance.
Implementation.
Recommendations.
PUBLIC LAW 117–103—MAR. 15, 2022
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) 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’’); and
(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.
USE OF FUNDS IN CONTRAVENTION OF THIS ACT
President.
Determinations.
Notification.
Deadline.
SEC. 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.
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PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 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
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136 STAT. 605
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.
President.
Certification.
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ALLOCATIONS AND REPORTS
SEC. 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 described
in section 4 (in the matter preceding division A of this consolidated
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 described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such percentage may
be exceeded only if the Secretary of State or USAID Administrator,
as applicable, determines and reports in writing 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 security 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.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability
has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
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Determination.
Consultation.
Notification.
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(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table
included under the heading ‘‘Global Health Programs’’ in such
statement.
(3) With respect to the amounts designated for ‘‘Global
Programs’’ in the table under the heading ‘‘Economic Support
Fund’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), the matter preceding the first proviso in subsection (b)
of this section shall be applied by substituting ‘‘5 percent’’
for ‘‘10 percent’’, and the provisos in such subsection (b) shall
not apply.
(e) REPORTS.—The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit the
reports required, in the manner described, in House Report 117–
84 and the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), unless directed
otherwise in such explanatory statement.
(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, unless such headings
are specifically designated as the source of funds.
Applicability.
MULTI-YEAR PLEDGES
SEC. 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 and such consultation was conducted at
least 7 days in advance of the pledge.
Notification.
Consultation.
Time period.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM
President.
Determinations.
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Termination
date.
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SEC. 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,
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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.
Applicability.
Estimate.
Federal Register,
publication.
Deadline.
Notification.
AUTHORIZATION REQUIREMENTS
SEC. 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)).
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 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
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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
SEC. 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.
Consultation.
Reports.
COMMERCE, TRADE AND SURPLUS COMMODITIES
Notification.
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President.
Determination.
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SEC. 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
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136 STAT. 609
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.
President.
Determination.
22 USC 262h
note.
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SEPARATE ACCOUNTS
SEC. 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
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22 USC 2362
note.
Requirements.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
Requirement.
Time period.
President.
Notification.
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ELIGIBILITY FOR ASSISTANCE
SEC. 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
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136 STAT. 611
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.
President.
Notification.
Abortion.
Sterilization.
Notification.
DISABILITY PROGRAMS
SEC. 7028. (a) ASSISTANCE.—Of the funds appropriated by this
Act under the heading ‘‘Development Assistance’’, not less than
$15,000,000 shall be made available for programs and activities
administered by the United States Agency for International
Development 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 funds shall be made available to support disability rights
advocacy organizations in developing countries.
(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.
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INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 7029. (a) EVALUATIONS.—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
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Human rights.
Consultation.
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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.
(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) HUMAN RIGHTS.—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 promote human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the requirements specified
under this subsection in House Report 117–84: Provided, That
prior to voting on any such loan, grant, policy, or strategy the
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 613
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
violations of human rights.
(e) FRAUD AND CORRUPTION.—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 include in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial
capacity to investigate, prosecute, and punish fraud and corruption.
(f) 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.
(g) 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 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.
(h) GRIEVANCE MECHANISMS AND PROCEDURES.—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 support independent investigative
and adjudicative mechanisms and procedures that 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.
(i) 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 Congress and determines 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; and
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Budget request.
Determination.
Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
(2) the governors of such institution have approved the
capital increase.
INSECURE COMMUNICATIONS NETWORKS
China.
Consultation.
SEC. 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
SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(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 fully 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.
MENT
Applicability.
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136 STAT. 615
(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) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to 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).
(2) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), 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 make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State website: Provided,
That such report shall include the elements included under
this section in House Report 117–84.
(3) ASSISTANCE.—Not less than $7,000,000 of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available for programs and activities
to assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget transparency.
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1) INELIGIBILITY.—
(A) Officials of foreign governments and their immediate family members about whom the Secretary of State
has credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights, including the wrongful detention
of 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, refer the matter
to the Office of Foreign Assets Control, Department of
the Treasury, to determine whether 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 such subparagraph.
(C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and
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Public
information.
Web posting.
8 USC 1182 note.
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136 STAT. 616
Determination.
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Termination
date.
Lists.
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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,
2023, 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 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,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 617
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, as appropriate.
(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.
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DEMOCRACY PROGRAMS
SEC. 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
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Consultation.
Negotiation.
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Termination
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Time period.
Compliance.
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organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and
accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law.
(e) RESTRICTIONS ON FOREIGN GOVERNMENT INTERFERENCE.—
(1) PRIOR APPROVAL.—With respect to the provision of
assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not
be subject to prior approval by the government of any foreign
country.
(2) DISCLOSURE OF IMPLEMENTING PARTNER INFORMATION.—
If the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
determines that the government of the country is undemocratic
or has engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs, any
new bilateral agreement governing the terms and conditions
under which assistance is provided to such country shall not
require the disclosure of the names of implementing partners
of democracy programs, and the Secretary of State and the
USAID Administrator shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary,
to conform to this requirement.
(3) REPORTING REQUIREMENT.—The Secretary of State, in
coordination with the USAID Administrator, shall submit a
report to the appropriate congressional committees, not later
than 90 days after enactment of this Act and every 90 days
thereafter until September 30, 2023, detailing steps taken by
the Department of State and USAID to comply with the requirements of this subsection.
(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this
Act in a manner that recognizes the unique benefits of grants
and cooperative agreements in implementing such programs.
(g) DIGITAL SECURITY AND COUNTERING DISINFORMATION.—
Democracy programs supported with funds appropriated by this
Act under subsection (a)(1) should, as appropriate—
(1) include—
(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; and
(2) incorporate activities to counter disinformation propagated by malign actors, including the People’s Republic of China
and the Russian Federation.
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136 STAT. 619
(h) 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.
(i) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND JOURNALISTS.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’,
not less than $30,000,000 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.
(j) INTERNATIONAL FREEDOM OF EXPRESSION AND INDEPENDENT
MEDIA.—Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $20,000,000 shall be made
available for programs to protect international freedom of expression
and independent media, including to implement the updated action
plan 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 funds appropriated by this Act under the heading ‘‘Diplomatic Programs’’ shall
be made available to the Bureau of Democracy, Human Rights,
and Labor, Department of State, and funds appropriated by this
Act under the heading ‘‘Operating Expenses’’ shall be made available to the Bureau for Development, Democracy, and Innovation,
USAID, for the costs of administering such programs.
(k) LABOR PROGRAMS REPORT AND CONSULTATION.—
(1) REPORT.—Not later than 90 days after enactment of
this Act, the USAID Administrator shall submit a report to
the appropriate congressional committees detailing steps taken,
or planned to be taken, by USAID to build expertise and
capacity within the agency on implementing labor programs,
in addition to providing a description of current implementation
efforts.
(2) CONSULTATION.—Funds appropriated by this Act that
are made available for labor programs administered by USAID
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Notification.
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INTERNATIONAL RELIGIOUS FREEDOM
SEC. 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 and funds appropriated by
this Act under the headings ‘‘International Disaster Assistance’’
and ‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted ethnic
and religious minorities: Provided, That funds made available by
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Extension.
PUBLIC LAW 117–103—MAR. 15, 2022
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 in Iraq
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
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SEC. 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 $19,000,000 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) Of the funds appropriated by this Act under the heading
‘‘International Narcotics Control and Law Enforcement’’, not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking 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: 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.—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 621
(1) RESEARCH AND TRAINING.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall 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 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, and under the heading ‘‘Educational and Cultural Exchange Programs’’, up to $1,000,000
may be made available for grants to carry out the activities
of the Cultural Antiquities Task Force.
(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
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Notification.
Consultation.
Notification.
Consultation.
Notification.
PUBL103
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Deadline.
Federal Register,
publication.
Consultation.
Consultation.
Notification.
Compliance.
Reports.
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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) PAYMENTS.—Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ‘‘Diplomatic Programs’’, except for funds designated by Congress as
an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, are available to provide payments pursuant
to section 901(i)(2) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
Provided, That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees
on Appropriations.
(9) TRANSATLANTIC ENGAGEMENT.—Funds appropriated by
this Act under the heading ‘‘Diplomatic Programs’’ are available
for support of an institute for transatlantic engagement if legislation establishing such institute is enacted into law by September 30, 2022: Provided, That in the event that such legislation is not enacted into law by such date, the amounts described
in this paragraph shall be available under the heading ‘‘Diplomatic Programs’’ for the purposes provided therein.
(f) PARTNER VETTING.—Prior to initiating a partner vetting
program, providing a direct vetting option, 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 caseby-case basis that a direct vetting option is not feasible for such
program.
(g) CONTINGENCIES.—During fiscal year 2022, the President
may use up to $145,000,000 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
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136 STAT. 623
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 twothirds 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’’.
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Consultation.
Notification.
Extension.
Applicability.
22 USC 214 note.
Extension.
Applicability.
22 USC 2385
note.
Extension.
PUBL103
136 STAT. 624
Extension.
Somalia.
South Sudan.
Syria.
Venezuela.
Yemen.
Time period.
Extension.
22 USC 4831
note.
Extension.
8 USC 1715 note.
Deadline.
Web posting.
Procedures.
Guidelines.
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(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) ACCOUNTABILITY REVIEW BOARDS.—The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan through September
30, 2022, except that the notification and reporting requirements contained in such section shall include the Committees
on Appropriations.
(9) 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.
(10) 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’’,
‘‘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 180 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.
(2) EX-POST EVALUATIONS.—Of the funds appropriated by
this Act under titles III and IV, not less than $10,000,000
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136 STAT. 625
shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded
assistance programs.
(n) 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, and emerging infectious
diseases 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, and shall be subject to the regular notification procedures
of the Committees on Appropriations: 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.
(o) 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 the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) LOCAL WORKS.—
(1) FUNDING.—Of the funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, not less than $80,000,000 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.
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Notification.
Jordan.
Egypt.
Tunisia.
Ukraine.
Definition.
Time period.
22 USC 2152i
note.
PUBL103
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Consultation.
Reports.
Reports.
Updates.
Time period.
Termination
date.
Extension.
8 USC 1182 note.
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PUBLIC LAW 117–103—MAR. 15, 2022
(q) 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.
(r) 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, 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, following consultation with the Director
of National Intelligence: Provided, That not later than 60 days
after enactment of the Act, the Secretary of State shall submit
to the appropriate congressional committees a report detailing the
use of the authority of this subsection since enactment of the
Act, which shall include the scope and duration of any waiver
granted, the entity covered by such waiver, and a detailed description of the national security interest served: Provided further, That
such report shall be updated every 60 days until September 30,
2023.
(s) IMPACT ON JOBS.—Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260) shall continue in effect during
fiscal year 2022.
(t) 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;
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PUBLIC LAW 117–103—MAR. 15, 2022
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(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.
22 USC 2151
note.
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LAW ENFORCEMENT AND SECURITY
SEC. 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, funds
appropriated by this Act under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’
shall be made available for combat casualty training and
equipment in an amount above the prior fiscal year.
(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
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Consultation.
Notification.
Applicability.
Determination.
PUBL103
136 STAT. 628
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) 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 in foreign prisons
and other detention facilities, notwithstanding section 660 of
the Foreign Assistance Act of 1961: 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 purpose.
(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.—
(A) 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.’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A) is amended by striking ‘‘and
2023’’ and inserting ‘‘2023, 2024, and 2025’’.
Consultation.
Deadline.
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136 STAT. 629
(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 December 31, 2022, such assistance shall only be made
available subject to a written agreement that the recipient
government will comply with such prohibition.
‘‘(2) If the recipient government withholds assistance from
a unit pursuant to this section, the Secretary shall inform
the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in
bringing 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.
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Notification.
Israel.
Egypt.
NATO.
President.
Determination.
22 USC 2378d.
List.
Effective date.
Contracts.
Compliance.
Public
information.
Determination.
Reports.
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Definition.
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‘‘(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.’’.
(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) CROWD CONTROL.—If the Secretary of State has information that a unit of a foreign security force uses excessive force
to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness
of electoral processes, or in countries that are undemocratic
or undergoing democratic transition, the Secretary shall
promptly determine if such information is credible: Provided,
That if the information is determined to be credible, 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 such unit.
(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
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136 STAT. 631
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
SEC. 7036. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
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PALESTINIAN STATEHOOD
SEC. 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,
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Determination.
Certification.
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136 STAT. 632
President.
Determination.
PUBLIC LAW 117–103—MAR. 15, 2022
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
SEC. 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
Deadline.
Certification.
Procedures.
Records.
Review.
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Terrorism.
Determinations.
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SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 633
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 nonFederal 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: Provided, That such funds are in
addition to funds otherwise available for such purposes.
(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
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Termination.
Determination.
Compliance.
Audits.
Contracts.
Grants.
Deadline.
Investigation.
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Compliance.
Examination.
PUBLIC LAW 117–103—MAR. 15, 2022
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 West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
President.
Certification.
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Reports.
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SEC. 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 no 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 the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must 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.
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136 STAT. 635
(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.
Certification.
Reports.
Compliance.
Reports.
Time period.
Compliance.
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MIDDLE EAST AND NORTH AFRICA
SEC. 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
section 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.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
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Consultation.
Notification.
Certification.
Human rights.
Determination.
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Determination.
Political
prisoners.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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 the regular notification procedures of
the Committees on Appropriations: Provided further, That
$235,000,000 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 taking sustained and effective steps to—
(i) strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect
religious minorities and the rights of women, which
are in addition to steps taken during the previous
calendar year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(v) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security, and nonproliferation programs for Egypt.
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) 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), $85,000,000 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 clear and consistent progress in
releasing political prisoners, providing detainees with due
process of law, and preventing the intimidation and harassment of American citizens.
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136 STAT. 637
(4) PRE-OBLIGATION DETERMINATION.—Prior to the initial
obligation of funds made available by this Act under the
heading ‘‘Foreign Military Financing Program’’ for assistance
for Egypt, the Secretary of State shall submit a report to
the appropriate congressional committees on known disputes
involving injuries to American citizens caused by the Egyptian
military, steps taken by the Government of Egypt to resolve,
or facilitate the just resolution of, such disputes, and the
remaining obstacles to such a resolution.
(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 for the programs and activities described under this section in House Report 117–84.
(2) REPORTS.—
(A) SEMI-ANNUAL REPORT.—The Secretary of State shall
submit to the Committees on Appropriations the semiannual 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, including as described under
this section in House Report 117–84.
(2) BASING RIGHTS.—None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
(d) ISRAEL.—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
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Reports.
Consultation.
Disbursement.
Grants.
Deadline.
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Terrorism.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
(e) JORDAN.—Of the funds appropriated by this Act under titles
III and IV, not less than $1,650,000,000 shall be made available
for assistance for Jordan, of which not less than $845,100,000
shall be made available for budget support for the Government
of Jordan and not less than $425,000,000 shall be made available
under the heading ‘‘Foreign Military Financing Program’’.
(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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 639
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) MOROCCO.—Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Morocco.
(i) SAUDI ARABIA.—
(1) PROHIBITION.—None of the funds appropriated by this
Act under the heading ‘‘International Military Education and
Training’’ 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.
(j) SYRIA.—
(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this
Act under titles III and IV 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
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Applicability.
Determination.
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Bashar al-Assad.
Consultation.
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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) 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.
(k) TUNISIA.—
(1) ASSISTANCE.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Tunisia
for programs to improve economic growth and opportunity,
support democratic governance and civil society, protect due
process of law, and maintain regional stability and security,
following consultation with the Committees on Appropriations.
(2) SPEND PLAN.—Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a spend plan
consistent with the requirements in section 7062(b) of this
Act.
(3) REPORT.—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—
(A) the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible
steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political
parties;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security forces
who commit human rights abuses accountable; and
(C) the Tunisian military has remained an apolitical
and professional institution.
(l) WEST BANK AND GAZA.—
(1) ASSISTANCE.—Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ shall be made available
for programs in the West Bank and Gaza, which may include
water, sanitation, and other infrastructure improvements.
(2) REPORT ON ASSISTANCE.—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—
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136 STAT. 641
(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).
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Waiver authority.
Certification.
Reports.
President.
Waiver authority.
Certification.
Deadline.
Time periods.
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PUBLIC LAW 117–103—MAR. 15, 2022
(5) SECURITY REPORT.—The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110–252) shall apply to funds made available by this
Act, including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) INCITEMENT REPORT.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
a report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and coexistence with Israel.
Requirements.
Applicability.
AFRICA
Determination.
Reports.
Lord’s Resistance
Army.
Child soldiers.
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SEC. 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) CENTRAL AFRICAN REPUBLIC.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not less
than $3,000,000 shall be made available for a contribution to the
Special Criminal Court in Central African Republic.
(c) COUNTER ILLICIT ARMED GROUPS.—Funds appropriated by
this Act shall be made available for programs and activities in
areas affected by the Lord’s Resistance Army (LRA) or other illicit
armed groups in Eastern Democratic Republic of the Congo and
the Central African Republic, including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms
and to support the disarmament, demobilization, and reintegration
of former LRA combatants, especially child soldiers.
(d) 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.
(e) ETHIOPIA.—
(1) ASSISTANCE.—Funds appropriated by this Act that are
made available for assistance for Ethiopia should be used to
support—
(A) a political dialogue to end the conflict;
(B) civil society and protect human rights;
(C) efforts to provide unimpeded access to humanitarian assistance; and
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(D) investigations and prosecutions of gross violations
of human rights.
(2) SPEND PLAN.—Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a spend plan
consistent with the requirements in section 7062(b) of this
Act.
(3) REPORT.—Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on the extent to which
the Government of Ethiopia and other parties to the conflict—
(A) have ceased offensive military operations;
(B) have taken credible steps toward a political dialogue to end the conflict;
(C) are providing unimpeded access to humanitarian
assistance;
(D) are taking effective steps to protect human rights
and comply with international humanitarian law and international refugee law; and
(E) are cooperating with independent investigations
of gross violations of human rights.
(f) MALAWI.—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 higher
education programs in Malawi shall be made available for higher
education and workforce development programs in agriculture as
described under this section in House Report 117–84.
(g) 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.
(h) 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, including
programs to support civil society, and for conflict mitigation
and reconciliation programs, at levels above the prior fiscal
year.
(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
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Deadline.
Consultation.
Consultation.
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Reports.
Certifications.
Reports.
22 USC 2151
note.
PUBLIC LAW 117–103—MAR. 15, 2022
on the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(i) SUDAN.—
(1) ASSISTANCE.—Funds appropriated by this Act under
title III should be made available to support a civilian-led
transition in Sudan: Provided, That notwithstanding any other
provision of law except section 620M of the Foreign Assistance
Act of 1961, the Trafficking Victims Protection Act of 2000,
and the Child Soldiers Prevention Act of 2008, such funds
may be made available for agriculture and economic growth
programs, and economic assistance for marginalized areas in
Sudan and Abyei: Provided further, That funds should be
prioritized for civil society capacity building, political party
and coalition building, women and youth empowerment, protection of human rights, and support for elections if the Secretary
of State reports to the appropriate congressional committees
that conditions exist for free and fair elections.
(2) LIMITATION.—None of the funds appropriated by this
Act under title IV may be made available for assistance for
the central Government of Sudan, except to support
implementation of outstanding issues of the 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.
(j) ZIMBABWE.—
(1) INSTRUCTION.—The Secretary of the Treasury shall
instruct the United States executive director of each international financial institution to vote against any extension
by the respective institution of any loan or grant to the Government of 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 rule
of law has been restored, including respect for ownership and
title to property, and freedoms 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).
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EAST ASIA AND THE PACIFIC
SEC. 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;
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136 STAT. 645
(B) may be made available for support for the administrative operations and programs of the entities listed under
this subsection in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act) and other entities that support peaceful efforts
to establish an inclusive and representative democracy in
Burma and a federal union to foster equality among
Burma’s diverse ethnic groups, following consultation with
the Committees on Appropriations;
(C) shall be made available for programs to promote
ethnic and religious tolerance, unity, and accountability
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’’; and
(E) shall be made available for programs and activities
to investigate and document violations of human rights
in Burma committed by the military junta.
(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the
funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance
for Burma.
(3) LIMITATIONS.—None of the funds appropriated by this
Act that are made available for assistance for Burma may
be made available to the State Administration Council or any
organization or entity controlled by, or an affiliate of, the armed
forces of Burma, or to any individual or organization that
has committed a gross violation of human rights or 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.
(4) 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;
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Human rights.
Human rights.
Determination.
Reports.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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; and
(B) 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 up to 10 percent
of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence: Provided further,
That the uses of such funds shall be the joint responsibility
of the Secretary of State and the USAID Administrator, in
accordance with the guidance contained in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That prior
to the initial obligation of such funds, the Secretary of State
and USAID Administrator shall consult with the Committees
on Appropriations: Provided further, That funds appropriated
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136 STAT. 647
by this Act for such Fund under the headings ‘‘International
Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’, and ‘‘Foreign
Military Financing Program’’ 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.
(4) MAPS.—None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups administered
by Taiwan authorities.
(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 $1,500,000 should
be made available for health and disability programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities that may be related to the use of Agent Orange and
exposure to dioxin: Provided, That funds made available pursuant
to this subsection may be used for assessments to determine the
existence of dioxin contamination resulting from the use of Agent
Orange in Laos and the feasibility and cost of remediation.
(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.
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Notification.
Determination.
Agent Orange.
Assessments.
Determination.
Determinations.
Reports.
Waiver authority.
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Applicability.
Time period.
Notification.
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(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 $4,000,000 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.—The report required under section
7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260) shall be updated and
submitted to the Congress in the manner described.
(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 not later than
45 days after enactment of this Act, the Secretary of State shall
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136 STAT. 649
update the report required under this heading in Senate Report
116–126 and indicate how the findings in such report are reflected
in United States assistance for the armed forces of the Philippines.
(h) TIBET.—
(1) 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) Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $10,000,000 shall be
made available to nongovernmental organizations with
experience working with Tibetan communities 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 $8,000,000
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.
(3) TIBETAN INSTITUTES PROMOTING DEMOCRACY AND RELIGIOUS FREEDOM.—Funds appropriated by this Act that are made
available for the Countering PRC Influence Fund 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: Provided, That such funds
shall be the responsibility of the Assistant Secretary of State
for Democracy, Human Rights, and Labor in coordination with
the United States Special Coordinator for Tibetan Issues, and
shall be in addition to funds otherwise made available for
such purposes.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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 to assist persons with severe physical
mobility, cognitive, or developmental disabilities that may be
related to the use of Agent Orange and exposure to dioxin;
(2) $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;
(3) $2,000,000 shall be made available for a Reconciliation/
Vietnamese Wartime Accounting Initiative; and
(4) $15,000,000 shall be made available for higher education programs.
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SOUTH AND CENTRAL ASIA
SEC. 7044. (a) AFGHANISTAN.—
(1) 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.
(2) AFGHAN SPECIAL IMMIGRANT VISAS.—Funds appropriated or otherwise made available by this Act under the
heading ‘‘Administration for Foreign Affairs’’ shall be made
available for additional Department of State personnel necessary to eliminate processing backlogs and expedite adjudication of Afghan Special Immigrant Visa cases.
(3) REPORT.—Not later than 45 days after enactment of
the Act, the Secretary of State and the USAID Administrator
shall submit a report to the appropriate congressional committees detailing plans, consistent with the limitation contained
in paragraph (1), to—
(A) protect and strengthen the rights of Afghan women
and girls;
(B) support higher education programs, including
continued support for the American University of Afghanistan’s (AUAF) online programs and support for other higher
education institutions in South Asia and the Middle East
that are hosting AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists,
and independent media, including in third countries; and
(D) support health, education, including communitybased education, and other programs to address the basic
needs of the people of Afghanistan.
(b) BANGLADESH.—Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for Bangladesh—
(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
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136 STAT. 651
(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,
military
professionalization and training, and border security activities: 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) ASSISTANCE.—
(A) SECURITY ASSISTANCE.—Funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Pakistan may be made available
only to support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) BILATERAL ECONOMIC ASSISTANCE.—Prior to the
obligation of funds made available by this Act under the
heading ‘‘Economic Support Fund’’ for assistance for the
central Government of Pakistan, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing—
(i) the amount of financing and other support,
if any, provided by the Government of Pakistan to
schools supported by, affiliated with, or run by the
Taliban or any domestic or foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government
in issuing visas in a timely manner for United States
visitors, including officials and representatives of nongovernmental organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government is providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani
civilians affected by conflict in Pakistan and the region;
and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including protecting freedom of expression, assembly, and religion.
(2) AUTHORITY AND USES OF FUNDS.—
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are made
available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to
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Certification.
Reports.
Human rights.
Reports.
PUBL103
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Consultation.
Notification.
Reports.
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Afghanistan that are used to manufacture improvised
explosive devices and for agriculture extension programs
that encourage alternative fertilizer use among Pakistani
farmers to decrease the dual use of fertilizer in the manufacturing of improvised explosive devices.
(C) Funds appropriated by this Act under the heading
‘‘International Narcotics Control and Law Enforcement’’
shall be made available for border security programs in
Pakistan, following consultation with the Committees on
Appropriations.
(D) Funds appropriated by title III of this Act shall
be made available for programs to promote democracy and
for gender programs in Pakistan.
(3) WITHHOLDING.—Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison
and cleared of all charges relating to the assistance provided
to the United States in locating Osama bin Laden.
(4) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan: Provided, That the Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(e) SRI LANKA.—
(1) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly
in areas recovering from ethnic and religious conflict.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such Government is taking effective and consistent steps 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 of such violations
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 conflict 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 postconflict reconciliation and regional security;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 653
(iv) repealing or amending laws on arrest and
detention by security forces to comply with international standards; and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism
for resolving cases of war crimes:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance
and disaster relief; to protect human rights, locate and
identify missing persons, and assist victims of torture and
trauma; to promote justice, accountability, and reconciliation; to enhance maritime security and domain awareness;
to promote fiscal transparency and sovereignty; and for
International Military Education and Training.
(3) LIMITATION.—None of the funds appropriated by this
Act may be made available for assistance for the Sri Lankan
armed forces, except for humanitarian assistance, disaster
relief, instruction in human rights and related curricula
development, and maritime security and domain awareness,
including professionalization and training for the navy and
coast guard.
(4) CONSULTATION.—Funds made available for assistance
for Sri Lanka other than for the purposes specified in paragraph
(1) shall be subject to prior consultation with the Committees
on Appropriations.
(f) REGIONAL PROGRAMS.—Funds appropriated by this Act shall
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.
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LATIN AMERICA AND THE CARIBBEAN
SEC. 7045. (a) CENTRAL AMERICA.—
(1) ASSISTANCE.—Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America
Regional Security Initiative: Provided, That such assistance
shall be prioritized for programs that address the violence,
poverty, corruption, 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, protect the rights of Indigenous people, support civil society and other independent institutions, enhance
economic opportunity, combat corruption and impunity, and
dismantle illegal armed groups and drug trafficking organizations.
(A) Of the funds made available pursuant to paragraph
(1)—
(i) Not less than $61,500,000 shall be made available to support entities and activities to combat corruption and impunity in such countries, including, as
appropriate, offices of Attorneys General; and
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PUBL103
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(ii) Not less than $70,000,000 shall be made available for programs to reduce violence against women
and girls: Provided, That of such funds, up to
$15,000,000 shall be made available to support
bilateral compacts with the governments of such countries for the specific purpose of strengthening their
capacity to protect women and children from domestic
violence, sexual assault, trafficking, and child abuse
or neglect, including by holding perpetrators accountable.
(B) Within the funds made available pursuant to paragraph (1) and made available for assistance for El Salvador,
Guatemala, and Honduras, not less than $100,000,000
should be made available for programs that support locallyled development in such countries: Provided, That up to
15 percent of the funds made available to carry out this
subparagraph may be used by the Administrator of the
United States Agency for International Development for
administrative and oversight expenses related to the purposes of this subparagraph: 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) Funds made available pursuant to paragraph (1)
shall be made available for a program in El Salvador,
Guatemala, and Honduras which shall be referred to as
the Central America Youth Empowerment Program
(CAYEP) and shall be implemented in accordance with
the guidelines under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That the goal
of the CAYEP 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 funds made available to support the CAYEP should be matched with contributions from private donors and local governments: Provided further, That the spend plan required by section
7062(b)(1)(A) of this Act for countries in Central America
shall include specific amounts planned for the CAYEP:
Provided further, That not later than 90 days after enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on the requirements of this subparagraph.
(D) Of the funds made available pursuant to paragraph
(1), not more than the amount specified in section
7045(a)(1) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division
K of Public Law 116–260) may be obligated until the Secretary of State or the USAID Administrator, as appropriate,
Consultation.
Notification.
Spend plan.
Deadline.
Consultation.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 655
submits to the Committees on Appropriations the spend
plan required by section 7062(b)(1)(A) of this Act: Provided,
That not less than 15 days prior to the submission of
such plan the Secretary or USAID Administrator, as appropriate, shall consult with the Committees on Appropriations concerning such plan.
(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, 60 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
investigating and prosecuting government officials,
military personnel, and police officers credibly alleged
to be corrupt;
(ii) implementing reforms, policies, and programs
to strengthen the rule of law, including increasing
the transparency of public institutions, strengthening
the independence of judicial and electoral institutions,
and improving the transparency of political campaign
and political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil society
groups, opposition political parties, and the independence of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens, curtailing
the role of the military in public security, and
upholding due process of law;
(v) implementing policies to reduce poverty and
promote economic growth and opportunity, including
the implementation of reforms to strengthen educational systems, vocational training programs, and
programs for at-risk youth;
(vi) improving border security and 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) implementing policies that improve the
environment for foreign investment, including executing tax reform in a transparent manner, ensuring
effective legal mechanisms for reimbursements of tax
refunds owed to United States businesses, and
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
shall be reprogrammed for assistance for civil society
organizations in such country, or for other countries in
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Consultation.
Certification.
Reports.
PUBL103
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Notification.
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Reports.
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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) judicial entities and activities related to combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human
rights, including those of Indigenous communities and
Afro-descendants;
(iv) humanitarian assistance; and
(v) 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.
(b) COLOMBIA.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under titles III and IV, not less than $471,375,000 should
be made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and activities described under this section in House Report 117–84: Provided further, That of the funds appropriated by this Act under
the heading ‘‘International Narcotics Control and Law Enforcement’’ and made available for assistance pursuant to this paragraph, not less than $40,000,000 shall be made available to
enhance rural security in coca producing municipalities and
other municipalities with high levels of illicit activities: Provided further, That funds made available pursuant to the preceding proviso shall be prioritized in such municipalities that
are also targeted for assistance programs that provide viable
economic alternatives and improve access to public services.
(2) WITHHOLDING OF FUNDS.—
(A) COUNTERNARCOTICS.—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—
(i) 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, including by
prioritizing funding to enhance rural security in coca
producing municipalities;
(ii) such strategy is in accordance with the 2016
peace accord between the Government of Colombia and
the Revolutionary Armed Forces of Colombia; and
(iii) the Government of Colombia is taking effective
steps to dismantle drug trafficking networks and to
assist farmers in eradicating and sustainably replacing
coca.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 657
(B) HUMAN RIGHTS.—(i) 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 gross 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; and
(IV) military officers credibly alleged, or whose
units are credibly alleged, to be responsible for
ordering, committing, and covering up cases of
false positives and other extrajudicial killings, or
of committing other gross violations of human
rights, or of conducting illegal communications
intercepts or other illicit surveillance, are being
held accountable, including removal from active
duty if found guilty through criminal, administrative, or disciplinary proceedings.
(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, five 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 the
police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against
protesters in 2020 and 2021.
(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) LIMITATION.—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
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Reports.
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made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed
groups.
(c) 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.
(d) NICARAGUA.—Of the funds appropriated by this Act under
the heading ‘‘Development Assistance’’, not less than $15,000,000
shall be made available for democracy programs for Nicaragua,
including to support civil society.
(e) THE CARIBBEAN.—Of the funds appropriated by this Act
under titles III and IV, not less than $80,000,000 shall be made
available for the Caribbean Basin Security Initiative.
(f) VENEZUELA.—(1) Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than $40,000,000
shall 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 shall 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.
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EUROPE AND EURASIA
SEC. 7046. (a) GEORGIA.—Of the funds appropriated by this
Act under titles III and IV, not less than $132,025,000 shall be
made available for assistance for Georgia.
(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.
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President.
Determination.
Consultation.
Determination.
Reports.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
COUNTERING RUSSIAN INFLUENCE AND AGGRESSION
Determination.
Reports.
Waiver authority.
Determination.
Reports.
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Determinations.
Reports.
Web posting.
List.
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SEC. 7047. (a) PROHIBITION.—None of the funds appropriated
by this Act may be made available for assistance for the central
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 assistance
by such institution (including 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
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136 STAT. 661
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 assistance
by such institution (including 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.
Waiver authority.
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UNITED NATIONS
SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.—Not later
than 180 days after enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations whether each
organization, department, or agency receiving a contribution from
funds appropriated by this Act under the headings ‘‘Contributions
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Reports.
Web postings.
PUBL103
136 STAT. 662
Public
information.
Audits.
Determinations.
Terrorism.
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Reports.
Determination.
Reports.
Israel.
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PUBLIC LAW 117–103—MAR. 15, 2022
to International Organizations’’ and ‘‘International Organizations
and Programs’’—
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department’s website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the protection
of whistleblowers from retaliation, including—
(A) protection against retaliation for internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(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.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 663
of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national
interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided,
That such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item and ensure integrity in the election of members to such
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 such council.
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) 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) 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) 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) 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) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is 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.
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Reports.
Time period.
Reports.
Procedures.
Compliance.
Compliance.
PUBL103
136 STAT. 664
Update.
Consultation.
Notification.
Determinations.
Notification.
Deadline.
Notification.
PUBLIC LAW 117–103—MAR. 15, 2022
(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 2022 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 shall 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
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President.
Determination.
Notification.
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SEC. 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 the United Nations War Crimes Tribunal established
with regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 665
(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 may 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.
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GLOBAL INTERNET FREEDOM
SEC. 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 $77,500,000 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
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136 STAT. 666
Consultation.
Coordination.
Assessment.
Coordination.
Consultations.
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Evaluation.
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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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 667
(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.
Consultation.
Deadline.
Review.
Updates.
TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT
OR PUNISHMENT
SEC. 7051. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support or justify the use of torture
and 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.
Consultation.
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AIRCRAFT TRANSFER, COORDINATION, AND USE
SEC. 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.
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Applicability.
Determination.
Reports.
Consultation.
Notification.
PUBL103
136 STAT. 668
Applicability.
PUBLIC LAW 117–103—MAR. 15, 2022
(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 such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and nonFederal 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
Applicability.
SEC. 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
Applicability.
SEC. 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.
EXTRADITION
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SEC. 7055. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and
Refugee Assistance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Assistance’’) for the central government of
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136 STAT. 669
a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interest of the United States.
Applicability.
Certification.
ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT
SEC. 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 in Iraq, Afghanistan, Syria, and Yemen:
Provided, That of the funds appropriated under title III of this
Act, not less than $10,000,000 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.
Deadlines.
22 USC 2151
note.
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UNITED NATIONS POPULATION FUND
SEC. 7057. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2022, $32,500,000 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, maternal, 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.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
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Transfer
authority.
Notification.
Abortion.
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report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
GLOBAL HEALTH ACTIVITIES
Deadline.
Consultation.
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Determination.
Reports.
Transfer
authority.
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SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease 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: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) PANDEMICS AND OTHER INFECTIOUS DISEASE OUTBREAKS.—
(1) GLOBAL HEALTH SECURITY.—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 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, including as described in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): 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) INTERNATIONAL FINANCING MECHANISM.—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.
(3) 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
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136 STAT. 671
with, funds appropriated under such headings for the purposes
of this paragraph.
(4) 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.
(5) 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.
(c) LIMITATION.—Notwithstanding any other provision of law,
none of the funds made available by this Act may be made available
to the Wuhan Institute of Virology located in the City of Wuhan
in the People’s Republic of China.
China.
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GENDER EQUALITY AND WOMEN’S EMPOWERMENT
SEC. 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 are available to implement the Women’s
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115–428): Provided, That the Secretary of State
and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) GENDER EQUITY AND EQUALITY ACTION FUND.—Of the
funds appropriated under title III of this Act, up to
$200,000,000 may 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 $50,000,000 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
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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.
SECTOR ALLOCATIONS
22 USC 2151c
note.
Implementation.
Notification.
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Deadline.
Consultation.
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SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated under title III of this
Act, not less than $950,000,000 shall 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 of
the funds made available by this paragraph, $150,000,000
should be available for the education of girls in areas
of conflict: Provided further, That section 7(a) of Public
Law 115–56 shall be implemented by substituting ‘‘the
thirtieth day of June following’’ for ‘‘180 days after’’.
(B) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $150,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $250,000,000 shall 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.
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $18,500,000 shall be made available for USAID cooperative
development programs and not less than $31,500,000 shall be made
available for the American Schools and Hospitals Abroad program.
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136 STAT. 673
(c) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—Of the
funds appropriated by title III of this Act, not less than
$1,010,600,000 shall 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).
(d) MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES.—Of the
funds appropriated by this Act, not less than $265,000,000 shall
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.
(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 shall 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 $25,000,000 shall be made available to support people-topeople reconciliation programs which bring together individuals
of different ethnic, racial, religious, and political backgrounds from
areas of civil strife and war: 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 Center for Conflict
and Violence Prevention, USAID.
(g) WATER AND SANITATION.—Of the funds appropriated by
this Act, not less than $475,000,000 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
$237,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $17,000,000 shall be made available to
support initiatives by local communities in developing countries
to build and maintain safe latrines.
(h) DEVIATION.—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 deviate
below the minimum funding requirements designated in sections
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Consultation.
Notification.
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PUBLIC LAW 117–103—MAR. 15, 2022
7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding such designation: Provided, That concurrent with the
submission of the report required by section 653(a) of the Foreign
Assistance Act of 1961, the Secretary of State shall submit to
the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of
submission of such report: Provided further, That any deviations
proposed subsequent to the submission of such report shall be
subject to prior consultation with such Committees: Provided further, That not later than November 1, 2023, the Secretary of State
shall submit a report to the Committees on Appropriations on
the use of the authority of this subsection.
Submission.
Consultation.
Reports.
ENVIRONMENT PROGRAMS
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Determination.
Poaching.
Reports.
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SEC. 7061. (a) 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, except for the provisions of
this section and only subject to the reporting procedures of the
Committees on Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act,
not less than $385,000,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $125,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat
the transnational threat of wildlife poaching and trafficking.
(3) 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.
(4) Funds appropriated by this Act for biodiversity programs
shall not be used to support the expansion of industrial scale
logging, agriculture, livestock production, mining, or any other
industrial scale extractive 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 directors
of each international financial institution (IFI) to use the voice
and vote of the United States to oppose any financing of any
such activity.
(c) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of the
United States to use the voice and vote of the United States,
in relation to any loan, grant, strategy, or policy of such institution,
regarding the construction of any large dam consistent with the
criteria set forth in Senate Report 114–79, while also considering
whether the project involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not
less than $185,000,000 shall be made available for sustainable
landscapes programs.
(e) Of the funds appropriated under title III of this Act, not
less than $270,000,000 shall be made available for adaptation programs, including in support of the implementation of the IndoPacific Strategy.
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136 STAT. 675
(f) Of the funds appropriated under title III of this Act, not
less than $260,000,000 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.
(g) Funds appropriated by this Act under title III may be
made available for United States contributions to the Adaptation
Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not
less than $50,000,000 shall be made available for the purposes
enumerated under section 7060(c)(7) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260): Provided, That such funds
may only be made available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not
less than $20,000,000 shall be made available to support civil
society advocacy organizations in developing countries that are
working to prevent toxic pollutants and other harm to the environment, and to support such organizations that are working to prevent
the poaching and trafficking of endangered species, as described
under this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
Consultation.
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BUDGET DOCUMENTS
SEC. 7062. (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 described
in section 4 (in the matter preceding division A of this consolidated
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 countries in Central America;
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Notification.
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(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) democracy programs, the Power Africa and Prosper
Africa initiatives, and sectors enumerated in subsections
(a), (c), (d), (e), (f), and (g) of section 7060 of this Act;
(F) 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;
(G) implementation of the Global Fragility Act of 2019
(title V of division J of Public Law 116–94); and
(H) 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; 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.
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REORGANIZATION
SEC. 7063. (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 appropriate congressional committees: 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
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136 STAT. 677
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 previously justified to the
Committees on Appropriations for fiscal year 2022.
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DEPARTMENT OF STATE MANAGEMENT
SEC. 7064. (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 that are made
available for new service centers, shall be 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 internships, and select, appoint, employ for not more
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Reports.
Timeline.
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than 52 weeks, and remove any such compensated intern without
regard to the provisions of law governing appointments in the
competitive service.
(d) INFORMATION TECHNOLOGY PLATFORM.—None of the funds
appropriated in title I of this Act under the heading ‘‘Administration
of Foreign Affairs’’ may be made available for a new major information technology (IT) investment without the concurrence of the
Chief Information Officer, Department of State.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
22 USC 3948
note.
Expiration date.
Transfer
authority.
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Notification.
VerDate Sep 11 2014
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SEC. 7065. (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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 679
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.
Contracts.
Exception.
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STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY
EXTREMISM AND CONFLICT
SEC. 7066. (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 shall 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 headings ‘‘Economic Support Fund’’ and
‘‘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, 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, and shall be subject
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Notification.
Consultation.
PUBL103
136 STAT. 680
Cost-matching.
Notification.
Consultation.
Transfer
authority.
PUBLIC LAW 117–103—MAR. 15, 2022
to prior consultation with the Committees on Appropriations:
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.—Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’
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
Notification.
SEC. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-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
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Time period.
President.
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SEC. 7068. (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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 681
EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES
SEC. 7069. (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 an emergency requirement pursuant to a
concurrent resolution on the budget or 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 on October 1, 2021 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: Provided, That amounts deposited in fiscal year 2022 shall remain
available until expended for the purposes of such account: Provided
further, 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.
Applicability.
22 USC 214 note.
Applicability.
Transfer
authority.
Determination.
Reports.
Consultation.
Effective date.
Time periods.
22 USC 214 note.
Regulations.
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ORGANIZATION OF AMERICAN STATES
SEC. 7070. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American
States (OAS) to use the voice and vote of the United States to:
(1) implement budgetary reforms and efficiencies within the
Organization; (2) eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; (3) prevent programmatic and organizational redundancies
and consolidate duplicative activities and functions; (4) prioritize
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136 STAT. 682
PUBLIC LAW 117–103—MAR. 15, 2022
areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights;
and (5) implement reforms within the Office of the Inspector General (OIG) to ensure the OIG has the necessary integrity, professionalism, independence, policies, and procedures to properly carry
out its responsibilities in a manner that meets or exceeds best
practices in the United States.
(b) Prior to the obligation of funds appropriated by this Act
and made available for an assessed contribution to the Organization
of American States, 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 actions taken or planned to be
taken pursuant to paragraph (a).
Reports.
PROTECTIVE SERVICES
Consultation.
Determination.
Reports.
Time periods.
Extension.
Determination.
Time period.
Reports.
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Definition.
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SEC. 7071. Of the funds appropriated under the heading ‘‘Diplomatic Programs’’ by this Act and 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, up to $30,000,000 may be made available to provide protective
services to former or retired senior Department of State officials
or employees that the Secretary of State, in consultation with
the Director of National Intelligence, determines and reports to
congressional leadership and the appropriate congressional committees, face a serious and credible threat from a foreign power or
the agent of a foreign power arising from duties performed by
such official or employee while employed by the Department: Provided, That such determination shall include a justification for
the provision of protective services by the Department, including
the identification of the specific nature of the threat and the anticipated duration of such services provided, which may be submitted
in classified form, if necessary: Provided further, That such protective services shall be consistent with other such services performed
by the Bureau of Diplomatic Security under 22 U.S.C. 2709 for
Department officials, and shall be made available for an initial
period of not more than 180 days, which may be extended for
additional consecutive periods of 60 days upon a subsequent determination by the Secretary that the specific threat persists: Provided
further, That not later than 45 days after enactment of this Act
and quarterly thereafter, the Secretary shall submit a report to
congressional leadership and the appropriate congressional committees detailing the number of individuals receiving protective services
and the amount of funds expended for such services on a caseby-case basis, which may be submitted in classified form, if necessary: Provided further, That for purposes of this section a former
or retired senior Department of State official or employee means
a person that served in the Department at the Assistant Secretary,
Special Representative, or Senior Advisor level, or in a comparable
or more senior position, and has separated from service at the
Department: Provided further, That funds made available pursuant
to this section are in addition to amounts otherwise made available
for such purposes.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 683
RESCISSIONS
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(INCLUDING RESCISSIONS OF FUNDS)
SEC. 7072. (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)),
$855,644,000, 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)), $105,000,000, 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, $70,000,000 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,
$629,000,000 are rescinded.
(f) GLOBAL SECURITY CONTINGENCY FUND.—Of the unobligated
balances from amounts made available under the heading ‘‘Global
Security Contingency Fund’’ from prior Acts making appropriations
for the Department of State, foreign operations, and related programs and identified by Treasury Appropriation Fund Symbol 11
X 1041, $28,135,000 are rescinded.
(g) 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 division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022’’.
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PUBL103
136 STAT. 684
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2022.
Department of
Transportation
Appropriations
Act, 2022.
PUBLIC LAW 117–103—MAR. 15, 2022
DIVISION L—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$141,500,000, of which not to exceed $3,515,000 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 $13,069,000 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
$3,341,000 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 $3,645,000 shall be available for the Office
of Public Affairs and Public Engagement; 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; not to exceed $19,747,000 shall
be available for the Office of the Chief Information Officer; and
not to exceed $1,450,000 shall be available for the Office of Tribal
Government Affairs: 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.
Transfer
authority.
Notice.
Funding
approval.
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RESEARCH AND TECHNOLOGY
Continuation.
49 USC 112 note.
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For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $51,363,000, of which
$42,718,000 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 685
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
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United
States Code, $775,000,000, to remain available until expended:
Provided, That section 6702 (f)(2) of title 49, United States Code,
shall not apply to amounts made available under this heading
in this Act: Provided further, That of amounts made available
under this heading in this Act, not less than $20,000,000 shall
be awarded to projects in historically disadvantaged communities
or areas of persistent poverty as defined under section 6702(a)(1)
of title 49, United States Code: Provided further, That section
6702(g) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act: Provided further,
That of the amounts made available under this heading in this
Act not less than 5 percent shall be made available for the planning,
preparation, or design of eligible projects: Provided further, That
grants awarded under this heading in this Act for eligible projects
for planning, preparation, or design shall not be subject to a minimum grant size: Provided further, That in distributing amounts
made available under this heading in this Act, 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 in this Act shall be not greater
than $45,000,000: Provided further, That section 6702(c)(3) of title
49, United States Code, shall not apply to amounts made available
under this heading in this Act: Provided further, That not more
than 15 percent of the amounts made available under this heading
in this Act may be awarded to projects in a single state: Provided
further, That for amounts made available under this heading in
this Act, 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 section 6702(f)(1) of title
49, United States Code, shall not apply to amounts made available
under this heading in this Act: Provided further, That of the
amounts awarded under this heading in this Act, not more than
50 percent shall be allocated for eligible projects located in rural
areas and not more than 50 percent shall be allocated for eligible
projects located in urbanized areas: Provided further, That for the
purpose of determining if an award for planning, preparation, or
design under this heading in this Act is an urban award, the
project location is the location of the project being planned, prepared, or designed: Provided further, That the Secretary may retain
up to 2 percent of the amounts made available under this heading
in this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, 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
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Grants.
Distribution.
Allocations.
Urban and rural
areas.
Determination.
Urban and rural
areas.
PUBL103
136 STAT. 686
PUBLIC LAW 117–103—MAR. 15, 2022
made under the program authorized under section 6702 of title
49, United States Code: Provided further, That for amounts made
available under this heading in this Act, the Secretary shall consider
and award projects based solely on the selection criteria as identified
under section 6702(d)(3) and (d)(4) of title 49, United States Code.
THRIVING COMMUNITIES INITIATIVE
(INCLUDING TRANSFER OF FUNDS)
Contracts.
Contracts.
Contracts.
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Contracts.
VerDate Sep 11 2014
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For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2024: Provided, That the Secretary of Transportation shall make such
amounts available for technical assistance and cooperative agreements to develop and implement technical assistance, planning,
and capacity building to improve and foster thriving communities
through transportation improvements: Provided further, That the
Secretary may enter into cooperative agreements with philanthropic
entities, non-profit organizations, other Federal agencies, state or
local governments and their agencies, Indian Tribes, or other technical assistance providers, to provide such technical assistance,
planning, and capacity building to state, local, or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions of state or
local governments: Provided further, That to be eligible for a
cooperative agreement under this heading, a recipient shall provide
assistance to entities described in the preceding proviso on engaging
in public planning processes with residents, local businesses, nonprofit organizations, and to the extent practicable, philanthropic
organizations, educational institutions, or other community stakeholders: Provided further, That such cooperative agreements shall
facilitate the planning and development of transportation and
community revitalization activities supported by the Department
of Transportation under titles 23, 46, and 49, United States Code,
that increase mobility, reduce pollution from transportation sources,
expand affordable transportation options, facilitate efficient land
use, preserve or expand jobs, improve housing conditions, enhance
connections to health care, education, and food security, or improve
health outcomes: Provided further, That the Secretary may
prioritize assistance provided with amounts made available under
this heading to communities that have disproportionate rates of
pollution and poor air quality, communities experiencing disproportionate effects (as defined by Executive Order No. 12898), areas
of persistent poverty as defined in section 6702(a)(1) of title 49,
United States Code, or historically disadvantaged communities: Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available
under this heading to entities described in the second proviso under
this heading that request assistance through the thriving communities program: Provided further, That planning and technical
assistance made available under this heading may include preapplication assistance for capital projects eligible under titles 23,
46, and 49, United States Code: Provided further, That the Secretary
may retain amounts made available under this heading for the
necessary administrative expenses of (1) developing and disseminating best practices, modeling, and cost-benefit analysis methodologies to assist entities described in the second proviso under this
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 687
heading with applications for financial assistance programs under
titles 23, 46, and 49, United States Code, and (2) award, administration, and oversight of cooperative agreements to carry out the
provisions under this heading: Provided further, That such amounts
and payments as may be necessary to carry out the thriving communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation.
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.
Fees.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code,
and such authority shall exist as long as any such direct loan
or loan guarantee is outstanding.
Loans.
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering 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,
$39,400,000, to remain available until September 30, 2023.
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OFFICE OF CIVIL RIGHTS
For necessary
$11,564,000.
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PUBL103
136 STAT. 688
PUBLIC LAW 117–103—MAR. 15, 2022
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $29,863,000, 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, $7,066,000 shall be made available for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Assessments.
Notification.
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: Provided further, That the limitation in the preceding proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds provided
in Public Law 117–58: 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.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 689
‘‘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, $350,000,000, 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: Provided further, That, notwithstanding section 41733 of
title 49, United States Code, for fiscal year 2022, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1)
of title 49, United States Code, and the subsidy cap established
by section 332 of the Department of Transportation and Related
Agencies Appropriations Act, 2000, shall not apply to maintain
eligibility under section 41731 of title 49, United States Code.
Determination.
Reimbursement.
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ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
SEC. 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.
SEC. 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.
SEC. 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
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Assessments.
Contracts.
Web posting.
Public
information.
Requirement.
Records.
Reimbursements.
Transit benefits.
PUBL103
136 STAT. 690
Retention
bonuses.
Advance
approval.
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Deadline.
Notification.
Payments.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States
Code, for unused transit and 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 189 of this
Act: Provided, That obligations in fiscal year 2022 of such collections
shall not exceed $1,000,000.
SEC. 105. Funds made available in division K of the Consolidated and Further Continuing Appropriations Act, 2015 (Public
Law 113–235) under the heading ‘‘Department of Transportation—
Office of the Secretary—National Infrastructure Investments’’ for
transit and highway projects that were available for obligation
through fiscal year 2017 shall remain available through fiscal year
2023 for the liquidation of valid obligations incurred during fiscal
years 2015 through 2017 of active grants awarded with such funds.
SEC. 106. None of the funds in this title 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.
SEC. 107. 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.
SEC. 108. 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.
SEC. 109. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 691
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.
SEC. 109A. Section 312(a) of title 49 United States Code, shall
be amended by striking ‘‘land-based,’’ after ‘‘operation of a’’.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
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(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, $11,414,100,000, to remain available until
September 30, 2023, of which $6,414,100,000 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) $8,472,585,000 shall be available for air traffic organization activities;
(3) $32,470,000 shall be available for commercial space
transportation activities;
(4) $889,216,000 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
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Transfer
authority.
Deadline.
Updates.
49 USC 44506
note.
Late penalties.
Deadline.
Reports.
49 USC 44502
note.
PUBL103
136 STAT. 692
Late penalties.
Deadline.
Grants.
Contracts.
Nonprofit.
Safety standards.
Fees.
PUBLIC LAW 117–103—MAR. 15, 2022
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 $178,000,000
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
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(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;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 693
to be derived from the Airport and Airway Trust Fund,
$2,892,887,500, of which $550,000,000 is for personnel and related
expenses and shall remain available until September 30, 2023,
$1,980,722,500 shall remain available until September 30, 2024,
and $362,165,000 is for terminal facilities and shall remain available until September 30, 2026: 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: Provided further, That section 405
of this Act shall apply to amounts made available under this
heading in Title VIII of the Infrastructure Investments and Jobs
Appropriations Act (division J of Public Law 117–58): Provided
further, That the amounts in the table entitled ‘‘Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and Jobs Act—Fiscal Year 2022’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) shall be the baseline for application of reprogramming and transfer authorities for the current fiscal year pursuant
to paragraph (7) of such section 405 for amounts referred to in
the preceding proviso: Provided further, That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is
received from the House and Senate Committees on Appropriations,
not to exceed 10 percent of any funding level specified for projects
and activities in the table referred to in the preceding proviso
may be transferred to any other funding level specified for projects
and activities in such table and no transfer of such funding levels
may increase or decrease any funding level in such table by more
than 10 percent.
Deadline.
Investment plan.
Time period.
Applicability.
Advance
approval.
Transfer
authority.
RESEARCH, ENGINEERING, AND DEVELOPMENT
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(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, $248,500,000, 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 described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That not to exceed
10 percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
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Transfer
authority.
PUBL103
136 STAT. 694
PUBLIC LAW 117–103—MAR. 15, 2022
preceding division A of this consolidated Act) may be transferred
to any other funding level specified under this heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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)
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(INCLUDING TRANSFER OF FUNDS)
Request for
proposals.
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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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 695
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, $554,180,000, 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, $279,180,135 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project
Funding/Congressionally Directed Spending’’ included in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
any funds made available under this heading in this Act that
remain 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.
Distribution.
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ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
SEC. 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.
SEC. 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.
SEC. 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
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Reimbursement.
PUBL103
136 STAT. 696
Fees.
Reports.
Notification.
Deadline.
New Jersey.
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Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 realtime flight tracking of that aircraft’s movements, except data made
available to a Government agency, for the noncommercial flights
of that owner or operator.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 697
SEC. 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.
SEC. 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.
SEC. 119E. Of the funds provided under the heading ‘‘Grantsin-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.
SEC. 119F. 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.
Reprogramming
request.
Reimbursement.
Reimbursement.
President.
Audit.
Time period.
Effective date.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
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(INCLUDING TRANSFER OF FUNDS)
Not to exceed $463,716,697 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.
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PUBL103
136 STAT. 698
PUBLIC LAW 117–103—MAR. 15, 2022
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
23 USC 104 note.
Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs
shall not exceed total obligations of $57,473,430,072 for fiscal year
2022.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code, $58,212,430,072
derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
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There is hereby appropriated to the Secretary $2,444,927,823:
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 Northern 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 11101(e) of Public Law 117–58 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, and shall
not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any
Act making annual appropriations: Provided further, That of the
funds made available under this heading—
(1) $846,927,823 shall be made available for the purposes,
and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act);
(2) $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;
(3) $75,000,000 shall be for the nationally significant Federal lands and Tribal projects program under section 1123
of the FAST Act (23 U.S.C. 201 note);
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 699
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section
1441 of the FAST Act (23 U.S.C. 601 note);
(5) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program;
(6) $6,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code;
(7) $10,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants,
in addition to amounts otherwise made available to the
Northern Border Regional Commission for such purpose, to
carry out pilot projects that demonstrate the capabilities of
wood-based infrastructure projects; and
(8) $200,000,000 shall be for competitive awards for activities eligible under section 176(d)(4)(A) of title 23, United States
Code, and $50,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4)(C) of title 23, United
States Code:
Provided further, That, except as otherwise provided under this
heading, the funds made available under this heading, in paragraphs (1), (5), (6), and (8) of the fourth proviso, shall be administered as if apportioned under chapter 1 of title 23, United States
Code: Provided further, That 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 setasides described in subparagraph (C) of section 202(b)(3) of title
23, United States Code, and subsections (a)(6), (c), and (e) of section
202 of such title, and section 1123(h)(1) of MAP–21 (as amended
by Public Law 117–58), shall not apply to such funds: Provided
further, That not less than 50 percent of the funds made available
under this heading, in paragraph (3) 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 funds made available under this heading, in paragraph (4) of the fourth proviso,
the Federal share of the costs shall be, at the option of the recipient,
up to 100 percent: Provided further, That, for the purposes of
funds made available under this heading, in paragraph (5) 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 (5)
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 (5) 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
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Apportionment.
Allocation.
Grants.
Native
Americans.
Definitions.
Distribution.
PUBL103
136 STAT. 700
Calculation.
Definition.
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Apportionments.
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PUBLIC LAW 117–103—MAR. 15, 2022
bridges classified as in poor condition in all qualifying States:
Provided further, That, of the funds made available under this
heading, in paragraph (5) of the fourth proviso, for the bridge
replacement and rehabilitation program:
(1) no qualifying State shall receive more than $40,000,000;
(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 $40,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That the funds made available under this heading,
in paragraph (5) 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
(2) 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,
except as provided in the following proviso, funds made available
under this heading for construction of the Appalachian Development
Highway System shall be administered as if apportioned under
chapter 1 of title 23, United States Code: 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 701
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 (7) of the fourth proviso, shall be administered in the same manner as a grant made under subtitle V of
title 40, United States Code: Provided further, That, except as
otherwise provided under this heading, funds made available under
this heading, in paragraph (8) of the fourth proviso, for competitive
awards for activities eligible under sections 176(d)(4)(A) and
176(d)(4)(C) of title 23, United States Code, shall be administered
as if made available to carry out section 176(d) of such title: Provided further, That, for purposes of the calculation under section
176(d)(5)(G)(ii) of title 23, United States Code, amounts made available under this heading for competitive awards for activities eligible
under sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be
included in the calculation of the total amount provided for fiscal
year 2022 under section 176(d) of such title: Provided further,
That for purposes of applying the set-asides under section
176(d)(5)(H)(ii) and (iii) of title 23, United States Code, amounts
made available under this heading for competitive awards for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such
title shall be included in the calculation of the amounts made
available to carry out section 176(d) of such title for fiscal year
2022: Provided further, That, the Secretary may retain not more
than a total of 5 percent of the amounts made available under
this heading for competitive awards for activities eligible under
sections 176(d)(4)(A) and 176(d)(4)(C) of such title to carry out
paragraph (8) of the fourth proviso and to review applications
for grants under paragraph (8) of the fourth proviso, and may
transfer portions of the funds retained under this proviso to the
relevant Administrators to fund the award and oversight of grants
provided under paragraph (8) of the fourth proviso: Provided further,
That a project assisted with funds made available under this
heading for competitive awards for activities eligible under sections
176(d)(4)(A) or 176(d)(4)(C) of title 23, United States Code, shall
be treated as a project on a Federal-aid highway.
Consultation.
Applicability.
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ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
SEC. 120. (a) For fiscal year 2022, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid 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—
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23 USC 104 note.
PUBL103
136 STAT. 702
Determination.
Distribution.
Applicability.
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PUBLIC LAW 117–103—MAR. 15, 2022
(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 authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under sections 202 or 204 of title 23, United States
Code, 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);
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 703
(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;
(B) title VI of the Fixing America’s Surface Transportation Act; and
(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58).
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
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Time period.
Time period.
Time period.
Effective date.
Revision.
PUBL103
136 STAT. 704
PUBLIC LAW 117–103—MAR. 15, 2022
(A) remain available for a period of 4 fiscal years;
Time period.
and
Deadline.
Determination.
Reimbursement.
Deadline.
Waivers.
Public
information.
Notice.
23 USC 313 note.
Reports.
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Grants.
Deadlines.
Notification.
Evaluation.
Notification.
Reports.
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(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
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136 STAT. 705
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.
SEC. 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.
Time period.
Definition.
Time period.
Time period.
Applicability.
Certifications.
Reports.
Adjudication.
Waivers.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
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(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 Infrastructure Investment and Jobs Act
(Public Law 117–58), $360,000,000, 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
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PUBLIC LAW 117–103—MAR. 15, 2022
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 $360,000,000, for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2022, of which
$14,073,000, to remain available for obligation until September
30, 2024, is for the research and technology program, and of which
not less than $41,277,000, 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 Infrastructure Investment and Jobs Act (Public
Law 117–58), $496,000,000, 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 $496,000,000 in fiscal year 2022 for ‘‘Motor
Carrier Safety Grants’’: Provided further, That of the sums appropriated under this heading:
(1) $390,500,000, to remain available for obligation until
September 30, 2023, shall be available for the motor carrier
safety assistance program;
(2) $41,800,000, to remain available for obligation until
September 30, 2023, shall be available for the commercial
driver’s license program implementation program;
(3) $57,600,000, to remain available for obligation until
September 30, 2023, shall be available for the high priority
activities program (other than the commercial motor vehicle
enforcement training and support grant program);
(4) $1,100,000, to remain available for obligation until September 30, 2023, shall be available for the commercial motor
vehicle operators grant program; and
(5) $5,000,000, to remain available for obligation until September 30, 2023, shall be available for the commercial motor
vehicle enforcement training and support grant program.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
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Notice.
Mail.
Update.
Regulations.
49 USC 31142
note.
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SEC. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by
the persons responsible for the violations.
SEC. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 707
subchapter B of chapter III of title 49, Code of Federal Regulations,
as recommended by GAO–19–264.
SEC. 132. 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, $200,000,000, to remain available through September 30,
2023.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
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(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 25024 of the Infrastructure Investment and
Jobs Act (Public Law 117–58), and chapter 303 of title 49, United
States Code, $192,800,000, 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
$192,800,000: Provided further, That of the sums appropriated
under this heading—
(1) $186,000,000 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 25024 of the Infrastructure Investment and Jobs Act (Public Law 117–58); and
(2) $6,800,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $192,800,000 obligation limitation
for operations and research, $20,000,000 shall remain available
until September 30, 2023, and up to $7,000,000, for mobility
research on older drivers, shall remain available until expended,
and shall be in addition to the amount of any limitation imposed
on obligations for future years: Provided further, That amounts
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PUBLIC LAW 117–103—MAR. 15, 2022
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)
Notification.
Deadline.
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,
$774,300,000, 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 $774,300,000 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) $363,400,000 shall be for ‘‘Highway Safety Programs’’
under section 402 of title 23, United States Code;
(2) $336,500,000 shall be for ‘‘National Priority Safety Programs’’ under section 405 of title 23, United States Code;
(3) $36,400,000 shall be for the ‘‘High Visibility Enforcement Program’’ under section 404 of title 23, United States
Code; and
(4) $38,000,000 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.
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ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
SEC. 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,
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136 STAT. 709
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.
SEC. 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.
SEC. 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, $240,757,000, of which $25,000,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$43,000,000, to remain available until expended: Provided, That
of the amounts provided under this heading, up to $2,100,000
shall be available pursuant to section 20108(d) of title 49, United
States Code, for the construction, alteration, and repair of buildings
and improvements at the Transportation Technology Center.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
For necessary expenses related to Federal-State Partnership
for Intercity Passenger Rail grants as authorized by section 24911
of title 49, United States Code, $100,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to 2 percent of the amount provided under this heading in this
Act for the costs of award and project management oversight of
grants carried out under title 49, United States Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
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(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, $625,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading in this Act—
(1) not less than $150,000,000 shall be for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects eligible
under section 22907(c)(11) of title 49, United States Code: Provided, That for amounts made available in this paragraph,
the Secretary shall give preference to projects that are located
in counties with the most pedestrian trespasser casualties;
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136 STAT. 710
Distribution.
PUBLIC LAW 117–103—MAR. 15, 2022
(3) $120,860,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That any remaining funds available after the
distribution of the Community Project Funding/Congressionally
Directed Spending described in this paragraph shall be available to the Secretary to distribute as discretionary grants under
this heading: Provided further, That requirements under subsections (g) and (l) of section 22907 of title 49, United States
Code, shall not apply to this paragraph (3); and
(4) not more than $5,000,000 shall be for preconstruction
planning activities and capital costs related to the deployment
of magnetic levitation transportation projects:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to amounts made available under this heading
in this Act for projects that implement or sustain 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 in this Act 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 for amounts made available under
this heading in this Act, eligible recipients under section 22907(b)(7)
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 section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading
in this Act: Provided further, That section 22907(e)(1)(A) of title
49, United States Code, shall not 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 in this Act: Provided further,
That the preceding proviso shall not apply to funds made available
under this heading in the Infrastructure Investment and Jobs Act
(division J of Public Law 117–58): 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
the Secretary may withhold up to 2 percent of the amounts made
available under this heading in this Act for the costs of award
and project management oversight of grants carried out under
title 49, United States Code.
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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 22101(a)
of the Infrastructure Investment and Jobs Act (division B of Public
Law 117–58), $874,501,000, to remain available until expended:
Provided, That the Secretary may retain up to one-half of 1 percent
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136 STAT. 711
of the funds provided under both this heading in this Act and
the ‘‘National Network Grants to the National Railroad Passenger
Corporation’’ heading in this Act to fund the costs of project management and oversight of activities authorized by section 22101(c)
of the Infrastructure Investment and Jobs Act (division B of Public
Law 117–58): Provided further, That in addition to the project
management oversight funds authorized under section 22101(c) of
the Infrastructure Investment and Jobs Act (division B of Public
Law 117–58), the Secretary may retain up to an additional
$1,000,000 of the funds provided under this heading in this Act
to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States
Code.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
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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 22101(b)
of the Infrastructure Investment and Jobs Act (division B of Public
Law 117–58), $1,456,870,000, to remain available until expended:
Provided, That at least $50,000,000 of the amount provided under
this heading in this Act 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
unexpended balances from amounts provided under this heading
in this Act and in prior fiscal years 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 in this Act shall be
used by Amtrak to give notice under subsection (a) or (c) 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.
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136 STAT. 712
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Amtrak.
Time period.
Waiver authority.
Determination.
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Reports.
Summary.
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SEC. 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.
SEC. 151. 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.).
SEC. 152. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of award,
administration, and project management oversight of financial
assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal
Railroad Administration’s ‘‘Financial Assistance Oversight and
Technical Assistance’’ account for the necessary expenses to support
the award, administration, project management oversight, and technical assistance of financial assistance administered by the Federal
Railroad Administration, in the same manner as appropriated for
in this and prior Acts: Provided, That this section shall not apply
to 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.
SEC. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 713
SEC. 154. 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.
SEC. 155. 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).
SEC. 156. Amounts made available under the heading ‘‘Department of Transportation—Federal Railroad Administration—Restoration and Enhancement’’ in any prior fiscal years are subject
to the requirements of section 22908 of title 49, United States
Code, as in effect on the effective date of Public Law 117–58.
Effective date.
Effective date.
FEDERAL TRANSIT ADMINISTRATION
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), 5334, 5335,
5337, 5339, and 5340, as amended by the Infrastructure Investment
and Jobs Act, section 20005(b) of Public Law 112–141, and section
3006(b) of the Fixing America’s Surface Transportation Act,
$13,355,000,000, 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), 5334, 5335, 5337, 5339, and 5340,
as amended by the Infrastructure Investment and Jobs 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 $13,355,000,000 in fiscal year 2022.
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TRANSIT INFRASTRUCTURE GRANTS
For an additional amount for buses and bus facilities grants
under section 5339(b) of title 49, United States Code, low or no
emission grants under section 5339(c) 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
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136 STAT. 714
PUBLIC LAW 117–103—MAR. 15, 2022
of such title, accelerating innovative mobility initiative grants under
section 5312 such title, accelerating the adoption of zero emission
buses under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service for rural
communities under section 71103 of division G of Public Law 117–
58, $504,263,267, to remain available until expended: Provided,
That of the sums provided under this heading in this Act—
(1) $175,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b)
of such title;
(2) $75,000,000 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) $6,500,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this paragraph, no less than
$3,250,000 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;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(5) $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;
(6) $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;
(7) $20,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty as
defined under section 6702(a)(1) of title 49, United States Code,
or historically disadvantaged communities: 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 as defined
under section 6702(a)(1) of title 49, United States Code, or
historically disadvantaged communities: Provided further, That
State departments of transportation may apply on behalf of
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136 STAT. 715
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 nonprofits that can assist with making projects low or no emissions:
Provided further, That projects funded under this paragraph
shall be for not less than 90 percent of the net total project
cost;
(8) $10,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title 49,
United States Code;
(9) $200,798,267 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act); and
(10) $12,965,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117–58: Provided, That for amounts made available in
this paragraph, notwithstanding section 71103(a)(2)(B), eligible
projects shall include passenger ferry service that serves at
least two rural areas with a single segment over 20 miles
between the two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code:
Provided further, That amounts made available under this heading
in this Act shall be derived from the general fund: Provided further,
That the amounts made available under this heading in this Act
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: 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.
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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 expended: Provided, That of the amounts made available
under this heading in this Act, $1,459,020,000 shall be available
for projects authorized under section 5309(d) of title 49, United
States Code, $345,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code, $321,500,000
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
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136 STAT. 716
Continuation.
Reports.
PUBLIC LAW 117–103—MAR. 15, 2022
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,
2016, and 2017 shall remain allocated to that project through
fiscal year 2023: Provided further, 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.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
Determination.
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), as amended by the Infrastructure Investment and
Jobs Act, $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.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
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(INCLUDING RESCISSIONS)
Transfer
authority.
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SEC. 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.
SEC. 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 described in section 4 (in the matter preceding division A
of this consolidated 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.
SEC. 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 717
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 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)).
SEC. 164. 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.
SEC. 165. 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.
SEC. 166. 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
and 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
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.
Contracts.
OPERATIONS AND MAINTENANCE
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(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses to conduct the operations, maintenance,
and capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St.
Lawrence Seaway Development Corporation, $38,000,000, 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: Provided further, That not more than
$1,500,000 of the unobligated balances from the amounts made
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136 STAT. 718
PUBLIC LAW 117–103—MAR. 15, 2022
available for capital asset renewal activities under the heading
‘‘Saint Lawrence Seaway Development Corporation—Operations
and Maintenance’’ in any prior Act shall be for activities pursuant
to section 984(a)(12) of title 33, United States Code.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
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.
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
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Reports.
Sexual assault
and harassment.
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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) $6,000,000, 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) $14,819,000, 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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 719
STATE MARITIME ACADEMY OPERATIONS
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $423,300,000: Provided,
That of the amounts made available 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 not more than
$8,000,000, to remain available until expended, shall be for
expenses related to training mariners; and for costs associated
with training vessel sharing pursuant to section 51504(g)(3)
of title 46, United States Code, 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) $380,600,000, 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 until September 30,
2026, shall be for the Student Incentive Program;
(4) $3,800,000, to 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’’.
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PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $234,310,000, to
remain available until expended: Provided, That projects eligible
for amounts made available under this heading in this Act shall
be projects for coastal seaports, inland river ports, or Great Lakes
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PUBL103
136 STAT. 720
PUBLIC LAW 117–103—MAR. 15, 2022
ports: Provided further, That of the amounts made available under
this heading in this Act, not less than $209,310,000 shall be for
coastal seaports or Great Lakes ports: Provided further, That the
requirements under section 3501(a)(12) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall
apply to amounts made available under this heading in this Act:
Provided further, That for grants awarded under this heading in
this Act, the minimum grant size shall be $1,000,000: Provided
further, That for amounts made available under this heading in
this Act, the requirement under section 54301(a)(6)(A)(ii) of title
46, United States Code, shall not apply to projects located in noncontiguous states or territories.
Applicability.
ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION
SEC. 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
Regulations.
Deadline.
49 USC 60102
note.
Late penalties.
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: Provided, That the Secretary of Transportation shall issue a final
rule on automatic and remote-controlled shut-off valves and hazardous liquid pipeline facilities leak detection systems as required
under section 4 and section 8 of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Public Law 112–90),
respectively, not later than 120 days after the date of enactment
of this Act: Provided further, That the amounts made available
under this heading shall be reduced by $5,000 per day for each
day that such rule has not been issued following the expiration
of the deadline set forth in the preceding proviso.
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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 $12,070,000 shall remain
available until September 30, 2024, of which $1,000,000 shall be
made available for carrying out section 5107(i) of title 49, United
States Code: 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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 721
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 (Public Law 101–380), $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 amounts made available under
this heading shall be for the One-Call State grant program: Provided
further, That any amounts made available 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: Provided further, That the Secretary shall transmit to the House and
Senate Committees on Appropriations the report on pipeline safety
testing enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116–260): Provided further,
That the Secretary may obligate amounts made available under
this heading to engineer, erect, alter, and repair buildings or make
any other public improvements for research facilities at the
Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso
to the House and Senate Committees on Appropriations and after
such plan and report in the preceding proviso are approved by
the House and Senate Committees on Appropriations.
Requirement.
Notification.
Deadline.
Reports.
Research plan.
Approval.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
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(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
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PUBL103
136 STAT. 722
PUBLIC LAW 117–103—MAR. 15, 2022
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), 5116(j), 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.
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GENERAL PROVISIONS—DEPARTMENT
OF
TRANSPORTATION
SEC. 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.
SEC. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 723
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117–58 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.
SEC. 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 organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be
available until expended.
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Loans.
Contracts.
Grants.
Notification.
Deadline.
List.
Notification.
PUBL103
136 STAT. 724
Notice.
Notice.
Deadline.
Contracts.
Certification.
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Coordination.
Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 187. 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.
SEC. 188. 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.
SEC. 189. 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.
SEC. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 or 23 of the United States Code 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.
SEC. 191. 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.
SEC. 192. 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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 725
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.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2022’’.
TITLE II
AND
Contracts.
Notification.
Definition.
Department of
Housing and
Urban
Development
Appropriations
Act, 2022.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT
Reimbursement.
ADMINISTRATION
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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, $15,200,000, 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.
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PUBL103
136 STAT. 726
PUBLIC LAW 117–103—MAR. 15, 2022
ADMINISTRATIVE SUPPORT OFFICES
Time period.
Notification.
Reports.
Reports.
For necessary salaries and expenses for Administrative Support
Offices, $607,000,000, to remain available until September 30, 2023:
Provided, That of the sums appropriated under this heading—
(1) $82,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $114,000,000 shall be available for the Office of the
General Counsel, of which not less than $18,500,000 shall
be for the Departmental Enforcement Center;
(3) $212,000,000 shall be available for the Office of
Administration, of which not more than $5,000,000 may be
for modernization and deferred maintenance of the Weaver
Building;
(4) $46,200,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $25,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $60,500,000 shall be available for the Office of Field
Policy and Management;
(7) $4,300,000 shall be available for the Office of Departmental Equal Employment Opportunity; and
(8) $63,000,000 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.
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PROGRAM OFFICES
For necessary salaries and expenses for Program Offices,
$965,500,000, to remain available until September 30, 2023: Provided, That of the sums appropriated under this heading—
(1) $253,500,000 shall be available for the Office of Public
and Indian Housing;
(2) $147,000,000 shall be available for the Office of Community Planning and Development;
(3) $431,000,000 shall be available for the Office of Housing,
of which not less than $13,000,000 shall be for the Office
of Recapitalization;
(4) $35,000,000 shall be available for the Office of Policy
Development and Research;
(5) $88,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 727
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
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Vouchers.
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, $23,369,641,000, 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) $24,095,029,000 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
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Notification.
Deadline.
HOUSING
TENANT-BASED RENTAL ASSISTANCE
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Determinations.
Notice.
Federal Register,
publication.
PUBL103
136 STAT. 728
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 $200,000,000 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
Notification.
Deadline.
Extension.
Advance
approval.
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Time period.
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PUBLIC LAW 117–103—MAR. 15, 2022
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 729
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
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Allocation.
PUBL103
136 STAT. 730
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) $2,410,612,000 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 $2,380,612,000 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;
Notification.
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Time period.
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 731
(4) $459,000,000 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
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Allocation.
Grants.
Criteria.
Data.
Waiver authority.
Requirements.
Reports.
Data.
PUBL103
136 STAT. 732
Consultation.
Waiver authority.
Requirements.
Consultation.
Continuation.
Veterans.
Continuation.
Review.
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Notification.
VerDate Sep 11 2014
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PUBLIC LAW 117–103—MAR. 15, 2022
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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 733
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) $200,000,000 shall be made available for new incremental voucher assistance under section 8(o) of the United
States Housing Act of 1937 to be allocated pursuant to a
method, as determined by the Secretary, which may include
a formula that may include such factors as severe cost burden,
overcrowding, substandard housing for very low-income renters,
homelessness, and administrative capacity, where such allocation method shall include both rural and urban areas: Provided,
That the Secretary may specify additional terms and conditions
to ensure that public housing agencies provide vouchers for
use by survivors of domestic violence, or 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
such Act (42 U.S.C. 11360(1));
(9) $25,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the mobility
demonstration authorized under section 235 of division G of
the Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f
note; Public Law 116–6): Provided, That the Secretary shall
make funding available to public housing agencies on a competitive basis and shall give preference to public housing agencies
with higher concentrations of housing choice voucher families
with children residing in high-poverty neighborhoods: Provided
further, That the Secretary may recapture from the public
housing agencies unused balances based on utilization of such
awards and reallocate such amounts to any other public housing
agency or agencies based on need for such mobility-related
services as identified under such competition; and
(10) the Secretary shall separately track all special purpose
vouchers funded under this heading.
HOUSING CERTIFICATE FUND
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(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
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PUBL103
136 STAT. 734
PUBLIC LAW 117–103—MAR. 15, 2022
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.
PUBLIC HOUSING FUND
Determination.
Distribution.
Waiver authority.
Notification.
Deadline.
Time period.
Bonus awards.
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Notification.
Deadline.
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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)), $8,451,500,000, to remain available
until September 30, 2025: Provided, That the amounts made available under this heading are provided as follows:
(1) $5,038,500,000 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) $3,200,000,000 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 drugrelated 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,
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136 STAT. 735
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) $33,000,000 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.
Deadline.
Allocation.
Evaluation.
Evaluation.
Determination.
Definition.
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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 public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable, mixedincome neighborhoods with appropriate services, schools, public
assets, transportation, and access to jobs, $350,000,000, to remain
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136 STAT. 736
Time period.
Determination.
Regulations.
Consultation.
Coordination.
Grants.
Deadline.
Determination.
PUBLIC LAW 117–103—MAR. 15, 2022
available until September 30, 2026: 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 not more than 20 percent of the
amount of any grant made with amounts made available under
this heading may be used for necessary supportive services notwithstanding subsection (d)(1)(L) of such section 24: Provided further,
That the use of amounts 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 amounts made available under this heading, not less than
$175,000,000 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
$10,000,000 of the amounts 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 amounts made available 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, 2022, obligate any available unobligated balances
made available under this heading in this or any prior Act.
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SELF-SUFFICIENCY PROGRAMS
For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2025, $159,000,000:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $109,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 737
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 JobsPlus 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.
Federal Register,
publication.
Notice.
Waiver.
Requirements.
Determination.
Procedures.
Grants.
Waiver.
Requirements.
Notice.
Federal Register,
publication.
Deadline.
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NATIVE AMERICAN PROGRAMS
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
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136 STAT. 738
Determination.
Applicability.
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Notification.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
of 1996 (in this heading ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.),
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) with respect to Indian tribes, and related
training and technical assistance, $1,002,086,000, 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 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 such Act 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 shall
notify grantees of their formula allocation not later than 60
days after the date of enactment of this Act;
(2) $150,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate such amount for competitive grants to eligible recipients authorized under NAHASDA that apply for funds: Provided further, That in awarding amounts made available in
this paragraph, 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 greater than $7,500,000: Provided further,
That any amounts 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 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 (2 U.S.C. 661a):
Provided further, That for fiscal year 2022 amounts 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 made available for
this purpose under this heading or under the heading ‘‘Native
American Housing Block Grants’’ in prior Acts shall be 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) $72,086,000 shall be 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), not more than $5,000,000
may be used for emergencies that constitute imminent threats
to health and safety: Provided, That not to exceed 20 percent
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 739
of any grant made with amounts made available in this paragraph shall be expended for planning and management development and administration; and
(5) $7,000,000 shall be 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, for contract expertise, and for training
and technical assistance related to amounts made available
under this heading and other headings in this Act for the
needs of Native American families and Indian country: Provided, That of the amounts made available in this paragraph,
not less than $2,000,000 shall be for a national organization
as authorized under section 703 of NAHASDA (25 U.S.C. 4212):
Provided further, That amounts made available in this paragraph may be used, contracted, or competed as determined
by the Secretary: Provided further, That notwithstanding
chapter 63 of title 31, United States Code (commonly known
as the Federal Grant and Cooperative Agreements Act of 1977),
the amounts made available in 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).
Determination.
Contracts.
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 (2 U.S.C. 661a): Provided further, That an additional
$500,000, to remain available until expended, shall be for administrative contract expenses, including management processes to carry
out the loan guarantee program: Provided further, That for fiscal
year 2022 amounts 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, shall be available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $1,400,000,000, to
remain available until September 30, 2023.
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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.),
$22,300,000, 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
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136 STAT. 740
PUBLIC LAW 117–103—MAR. 15, 2022
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
Contracts.
Notice.
Notification.
Deadline.
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
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Grants.
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For assistance to States and units of general local government,
and other entities, for economic and community development activities, and other purposes, $4,841,409,207, to remain available until
September 30, 2025, unless otherwise specified: Provided, That
of the total amount provided under this heading, $3,300,000,000
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
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 741
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,
$1,516,409,207 shall be available for grants for the Economic
Development Initiative (EDI) for the purposes, and in amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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.
Evaluation.
Allocation.
Grants.
Notification.
Deadline.
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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.
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Fees.
Distribution.
PUBL103
136 STAT. 742
PUBLIC LAW 117–103—MAR. 15, 2022
HOME INVESTMENT PARTNERSHIPS PROGRAM
Notification.
Deadline.
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.), $1,500,000,000,
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
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Deadlines.
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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, $62,500,000, to remain available
until September 30, 2024: Provided, That the amounts made available under this heading are provided as follows:
(1) $12,500,000 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; and
(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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 743
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HOMELESS ASSISTANCE GRANTS
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,213,000,000, 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) $2,809,000,000 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
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Notification.
Deadline.
Incentives.
Contracts.
Determination.
PUBL103
136 STAT. 744
Children, youth,
and families.
Determination.
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Time period.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 745
HOUSING PROGRAMS
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PROJECT-BASED RENTAL ASSISTANCE
Contracts.
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,
$13,540,000,000, 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 projectbased 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,
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Determination.
PUBL103
136 STAT. 746
PUBLIC LAW 117–103—MAR. 15, 2022
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
Deadline.
Waiver authority.
Time period.
Determination.
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Waiver authority.
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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 5year 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,
$1,033,000,000 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
$10,000,000 shall be used to expand the supply of intergenerational
dwelling units (as such term is defined in section 202 of the Legacy
Act of 2003 (12 U.S.C. 1701q note)) for elderly caregivers raising
children: Provided further, That for the purposes of the preceding
proviso the Secretary may waive, or specify alternative requirements for, any provision of section 202 of the Housing Act of
1959 (12 U.S.C. 1701q) in order to facilitate the development of
such units, except for requirements related to fair housing, nondiscrimination, labor standards, and the environment: Provided
further, That of the total amount made available under this heading,
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 747
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,
$352,000,000, 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.
Determination.
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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,
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Contracts.
PUBL103
136 STAT. 748
PUBLIC LAW 117–103—MAR. 15, 2022
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.
Fees.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
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Effective date.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 749
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 $33,500,000, to remain
available until September 30, 2023, shall be for necessary salaries
and expenses of the 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
Time period.
Effective date.
Fees.
RESEARCH
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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, $125,400,000,
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
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Contracts.
PUBL103
136 STAT. 750
Contribution.
Compliance.
Plan.
Allocation.
Deadline.
Urban and rural
areas.
PUBLIC LAW 117–103—MAR. 15, 2022
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: Provided further, That an
additional $20,000,000, to remain available until September 30,
2024, shall be for competitive grants to nonprofit or governmental
entities to provide legal assistance (including assistance related
to pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants
at risk of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give preference to applicants that include a marketing strategy for residents
of areas with high rates of eviction, have experience providing
no-cost legal assistance to low-income individuals, including those
with limited English proficiency or disabilities, and have sufficient
capacity to administer such assistance, and may select unfunded
or partially funded eligible applicants identified in the previous
competition: Provided further, That the Secretary shall ensure,
to the extent practicable, that the proportion of eligible tenants
living in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural areas.
FAIR HOUSING
AND
EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
Fees.
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Lobbying.
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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
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 751
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
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(INCLUDING TRANSFER OF FUNDS)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852), and for related activities and assistance, $415,000,000, to remain available until September 30, 2024:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $290,000,000 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 housingrelated 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 (42 U.S.C.
4854, 4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
‘‘Research and Technology’’ for the purposes of conducting
research and studies and for use in accordance with the provisos
under that heading for non-competitive agreements;
(5) $25,000,000 shall be for a lead-risk assessment demonstration for public housing agencies to conduct lead hazard
screenings or lead-risk assessments during housing quality
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PUBL103
136 STAT. 752
Certification.
Notice.
PUBLIC LAW 117–103—MAR. 15, 2022
standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937
(42 U.S.C. 1437f(o)) resides or expects to reside, and has or
expects to have a child under age 6 residing in the unit,
while preserving rental housing availability and affordability;
and
(6) $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 opportunity: 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
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Plan.
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For Department-wide and program-specific information technology systems and infrastructure, $323,200,000, to remain available until September 30, 2024, of which up to $40,000,000 shall
be for development, modernization, and enhancement projects,
including planning for such projects: 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 and the House and Senate Committees
on Appropriations approve a plan that—
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances,
including carryover—
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project—
(A) the functional and performance capabilities to be
delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 753
(C) key milestones to be met through the project end
date, including any identified system decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of
HUD staff and contractors supporting the project; and
(E) 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—
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including procurement),
or functionality from the previously approved project plan, reasons for such variances and estimated impact on total lifecycle costs; and
(3) risks and mitigation strategies associated with ongoing
work.
OFFICE
OF INSPECTOR
Certification.
Time period.
Reports.
Summary.
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
DEVELOPMENT
AND
URBAN
(INCLUDING TRANSFER OF FUNDS)
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(INCLUDING RESCISSIONS)
SEC. 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.
SEC. 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
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136 STAT. 754
Time period.
Reports.
Budget.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 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).
SEC. 204. 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).
SEC. 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.
SEC. 206. 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 2022 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 this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior 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.
SEC. 207. 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.
SEC. 208. 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.).
SEC. 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2022 and 2023, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 755
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.
(b) 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 subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) 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.
(B) 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.
(2) 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.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) 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.
(5) 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.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien 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.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
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Determination.
Determination.
Standards.
Notification.
Consultation.
Certification.
Determination.
Waiver authority.
Determination.
Records.
PUBL103
136 STAT. 756
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.
(9) 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.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) 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;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) 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;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) 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);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) 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 lowincome and very low-income use restrictions are to be transferred;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 757
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) 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));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), 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.
SEC. 211. 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.
SEC. 212. Notwithstanding any other provision of law, in fiscal
year 2022, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or any other Federal programs, the Secretary shall
maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are
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Evaluation.
Determination.
Allocation.
Eligibility.
PUBL103
136 STAT. 758
Determination.
Consultations.
Contracts.
Contracts.
Notification.
42 USC 1437g
note.
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Determination.
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attached to any dwelling units in the property. 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 (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
(in this section ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) 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. 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. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
SEC. 213. 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.
SEC. 214. 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).
SEC. 215. 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.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 759
SEC. 216. 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.
SEC. 217. 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.
SEC. 218. 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.
SEC. 219. (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—
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Notification.
Public
information.
Federal Register,
publication.
Notices.
Web posting.
42 USC 3545a
note.
Web posting.
Determination.
Advance
approval.
Notification.
Time period.
Determination.
Compliance.
Certification.
Deadline.
Applicability.
Deadline.
Notice.
Timetable.
Determination.
Records.
PUBL103
136 STAT. 760
Requirement.
Penalties.
Determination.
Contracts.
Notification.
Determination.
Consultation.
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Time periods.
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(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 projectbased 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
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136 STAT. 761
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.
SEC. 220. 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.
SEC. 221. 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.
SEC. 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.
SEC. 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).
SEC. 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 405 of this Act.
SEC. 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
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Notification.
Deadline.
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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.
SEC. 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.
SEC. 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.
SEC. 228. 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.
SEC. 229. None of the funds made available by this Act may
be used to establish and apply review criteria, including rating
factors or preference points, for participation in or coordination
with EnVision Centers, in the evaluation, selection, and award
of any funds made available and requiring competitive selection
under this Act, except with respect to any such funds otherwise
authorized for EnVision Center purposes under this Act.
SEC. 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.
SEC. 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.
SEC. 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 leadbased paint hazards in this Act or that remain available and not
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136 STAT. 763
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.
SEC. 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).
SEC. 234. Funds made available in the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235)
for the ‘‘Choice Neighborhoods Initiative’’ that were available for
obligation through fiscal year 2017 are to remain available through
fiscal year 2023 for the liquidation of valid obligations incurred
in fiscal years 2015 through 2017.
SEC. 235. 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)).
SEC. 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) after the seventeenth proviso, 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:’’;
(2) by striking the nineteenth 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 projectbased 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
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42 USC 1437f
note.
Requirements.
Vouchers.
Contracts.
Requirements.
Contracts.
PUBL103
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Requirements.
Contracts.
Contracts.
Time period.
Waiver authority.
Waiver authority.
Contracts.
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Determination.
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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 CranstonGonzalez 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 projectbased 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:’’;
(3) after the twenty-third 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
(4) in the twenty-ninth 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’’.
SEC. 237. For fiscal year 2022, if the Secretary determines
or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian
Housing, Community Planning and Development, or Housing, that
a recipient received an allocation greater 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 in the next applicable formula allocation
cycle by (a) offsetting each such recipient’s formula allocation (if
eligible for a formula allocation in the next applicable formula
allocation cycle) by the amount of any such funding error, and
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136 STAT. 765
(b) reallocating any available balances that are attributable to
the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which
any such error occurred (if such recipient or recipients are eligible
for a formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient’s eligibility
under the next applicable formula allocation cycle: Provided, That
all offsets and reallocations from such available balances shall
be recorded against funds available for the next applicable formula
allocation cycle: Provided further, That the term ‘‘next applicable
formula allocation cycle’’ means the first formula allocation cycle
for a program that is reasonably available for correction following
such a Secretarial determination: Provided further, That if, upon
request by a recipient and giving consideration to all Federal
resources available to the recipient for the same grant purposes,
the Secretary determines that the offset in the next applicable
formula allocation cycle would critically impair the recipient’s ability
to accomplish the purpose of the formula grant, the Secretary
may adjust for the funding error across two or more formula allocation cycles.
SEC. 238. Of the unobligated balances available to the Department of Housing and Urban Development from title II of division
L of the Consolidated Appropriations Act of 2021 (Public Law 116–
260), the following funds are hereby rescinded from the following
accounts in the specified amounts—
(1) ‘‘Management and Administration—Executive Offices’’,
$4,000,000; and
(2) ‘‘Management and Administration—Administrative
Support Offices’’, $25,000,000.
SEC. 239. The Secretary may, upon a finding that a waiver
or alternative requirement is necessary to facilitate the use of
funds made available in paragraph (8) under the heading ‘‘TenantBased Rental Assistance’’ in the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021
(Public Law 116–260), waive or specify alternative requirements,
other than requirements related to tenant rights and protections,
rent setting, fair housing, nondiscrimination, labor standards, and
the environment, for—
(1) section 214(d)(2) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(d)(2)), and regulatory
provisions related to the timing of when documentation
verifying eligibility must be obtained;
(2) section 576(a), (b), and (c) of the Quality Housing and
Work Responsibility Act of 1998 (42 U.S.C. 13661(a), (b), and
(c)), and regulatory provisions related to the verification of
eligibility, eligibility requirements, and the admissions process;
(3) section 8(o)(6)(A) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local preferences,
and the initial term and extensions of tenant-based vouchers;
(4) section 8(o)(7)(A) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(7)(A)) and regulatory provisions
related to the initial lease term;
(5) section 8(o)(8) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(8)) and regulatory provisions related
to related to the timing of the initial inspection of a unit
to allow for pre-inspections;
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Definition.
Determination.
Rescissions.
Waiver.
Requirements.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(6) section 8(o)(13)(J) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)(J)) and regulatory provisions
related to the selection of tenants for project-based assistance;
(7) section 8(r)(B)(i) of the United States Housing Act of
1937 (42 U.S.C. 1437f(r)(B)(i)) and regulatory provisions related
to portability moves by non-resident applicants;
(8) section 16(b) of the United States Housing Act of 1937
(42 U.S.C. 1437n(b)) and regulatory provisions related to the
eligibility and targeting of families for tenant-based assistance;
and
(9) regulatory provisions related to the establishment of
payment standards.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2022’’.
TITLE 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
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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,
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136 STAT. 767
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.
Contracts.
Budget request.
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, $121,400,000, 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
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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
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
TITLE IV
GENERAL PROVISIONS—THIS ACT
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Contracts.
Advance
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SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
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136 STAT. 769
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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 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 described in section 4 (in the matter
preceding division A of this consolidated 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
described in section 4 (in the matter preceding division
A of this consolidated 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.
SEC. 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
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Reports.
Applicability.
PUBL103
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Advance
approval.
Expenditure
requests.
Eminent domain.
Compliance.
Reports.
Time period.
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PUBLIC LAW 117–103—MAR. 15, 2022
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 section 405 of this Act.
SEC. 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, waterrelated 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.
SEC. 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.
SEC. 409. 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’’).
SEC. 410. 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).
SEC. 411. 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.
SEC. 412. 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.
SEC. 413. 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
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136 STAT. 771
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 414. (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.
SEC. 415. (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.
SEC. 416. 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.
SEC. 417. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
SEC. 418. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
SEC. 419. 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
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Pornography.
Records.
Reports.
Contracts.
Determination.
Deadline.
Time period.
Certification.
PUBL103
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Rescissions.
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135 Stat. 1413.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 420. (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.
SEC. 421. 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),’’.
SEC. 422. The remaining unobligated balances, as of September
30, 2022, from amounts made available to the Department of
Transportation under the heading ‘‘Federal Transit Administration—Capital Investment Grants’’ in division G of the Consolidated
Appropriations Act, 2019 (Public Law 116–6) are hereby rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded is hereby appropriated on September 30,
2022, for an additional amount for fiscal year 2022, to remain
available until September 30, 2023, and shall be available for the
same purposes and under the same authorities for which such
amounts were originally provided in Public Law 116–6.
SEC. 423. The second proviso under the heading ‘‘Department
of Transportation—Office of the Secretary—National Infrastructure
Investments’’ in title VIII of division J of Public Law 117–58 is
amended—
(1) by striking ‘‘to remain until September’’ and inserting
‘‘to remain available until September’’; and
(2) by striking ‘‘to remain available September’’ and
inserting ‘‘to remain available until September’’:
Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of 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.
SEC. 424. The matter preceding the first proviso under the
heading ‘‘Department of Transportation—Office of the Secretary—
National Culvert Removal, Replacement, and Restoration Grants’’
in title VIII of division J of Public Law 117–58 is amended by
striking ‘‘section 6203’’ and inserting ‘‘section 6703’’: Provided, That
amounts repurposed pursuant to this section that were previously
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 773
designated by the Congress as an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of 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.
SEC. 425. Section 801 of title VIII of division J of Public Law
117–58 is amended—
(1) in subsection (a), by striking ‘‘the programs administered by the Office of Multimodal Infrastructure and Freight
may be transferred to an ‘Office of Multimodal Infrastructure
and Freight’ account, to remain available until expended, for
the necessary expenses of award, administration, or oversight
of any discretionary financial assistance programs funded under
this title in this Act or division A of this Act: Provided,’’ and
inserting ‘‘the programs administered by the Office of the Secretary may be transferred to an ‘Operational Support’ account,
to remain available until expended, for the necessary expenses
of (1) coordination of the implementation of any division of
this Act or (2) the award, administration, or oversight of any
financial assistance programs funded under this title in this
Act or divisions A, B, C, or G of this Act: Provided, That
amounts transferred pursuant to the authority in this section
are available in addition to amounts otherwise available for
such purposes: Provided further,’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1) and in paragraph (6), by striking ‘‘Office of Multimodal Infrastructure
and Freight’’ and inserting ‘‘Office of the Secretary’’; and
(B) in paragraph (5), by striking ‘‘section 6203’’ and
inserting ‘‘section 6703’’:
Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of 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.
SEC. 426. The heading ‘‘Department of Transportation—Federal
Highway Administration—Highway Infrastructure Program’’ in title
VIII of division J of Public Law 117–58 is amended by striking
‘‘Program’’ and inserting ‘‘Programs’’: Provided, That amounts
repurposed pursuant to this section that were previously designated
by the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of 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.
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135 Stat. 1414.
135 Stat. 1415.
135 Stat. 1419.
PUBL103
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135 Stat. 1420.
135 Stat. 1420.
135 Stat. 1420.
135 Stat. 1422.
135 Stat. 1423.
135 Stat. 1425.
135 Stat. 1425.
135 Stat. 1426.
135 Stat. 1428.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 427. The matter under the heading ‘‘Department of
Transportation—Federal Highway Administration—Highway Infrastructure Program’’ in title VIII of division J of Public Law 117–
58 is amended—
(1) in the third proviso, by striking ‘‘administrations’’ and
inserting ‘‘administration’’;
(2) in the fourth proviso, by inserting ‘‘and shall remain
available until expended’’ after ‘‘in the same account’’;
(3) in paragraph (1), by striking ‘‘construction program:
Provided further,’’ and inserting ‘‘construction program: Provided,’’;
(4) in the ninth proviso in paragraph (2)—
(A) by striking ‘‘withdrawn from a State under the
preceding proviso’’ and inserting ‘‘withdrawn from a State
under the sixth proviso of this paragraph in this Act’’;
(B) by striking ‘‘within the State under the preceding
proviso’’ and inserting ‘‘within the State under such proviso’’;
(C) by striking ‘‘withdrawn under the preceding proviso’’ and inserting ‘‘withdrawn under such proviso’’;
(D) by striking ‘‘under the second proviso under this
paragraph’’ and inserting ‘‘under the second proviso of this
paragraph’’; and
(E) by striking ‘‘withheld or withdrawn under the preceding proviso:’’ and inserting ‘‘withheld or withdrawn
under the sixth proviso of this paragraph in this Act:’’;
(5) in the sixteenth proviso in paragraph (2), by striking
‘‘publically accessible’’ and inserting ‘‘publicly accessible’’ each
place it appears;
(6) in the twenty-first proviso in paragraph (2), by striking
‘‘twenty-fourth proviso’’ and inserting ‘‘twenty-sixth proviso’’;
(7) in the twenty-fourth proviso in paragraph (2), by
striking ‘‘nineteenth proviso’’ and inserting ‘‘twenty-first proviso’’;
(8) in the thirtieth proviso in paragraph (2), by striking
‘‘previous proviso’’ and inserting ‘‘preceding proviso’’;
(9) in the fourth proviso in paragraph (9)—
(A) by striking ‘‘third proviso in this’’ and inserting
‘‘third proviso of this’’; and
(B) by striking ‘‘under this heading:’’ and inserting
‘‘under this paragraph in this Act:’’; and
(10) in the fifth proviso in paragraph (9), by striking ‘‘in
this paragraph in this Act’’ and inserting ‘‘in this paragraph
of this Act’’:
Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of 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.
SEC. 428. The matter under the heading ‘‘Department of
Transportation—Federal Railroad Administration—Northeast Corridor Grants to the National Railroad Passenger Corporation’’ in
title VIII of division J of Public Law 117–58 is amended—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 775
(1) in the third proviso, by striking ‘‘shall be made available
for’’ and inserting ‘‘shall be made available for appropriate
costs required for’’; and
(2) in the seventh proviso, by striking ‘‘the capital costs
of’’ and inserting ‘‘the costs of’’:
Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of 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.
SEC. 429. The matter under the heading ‘‘Department of
Transportation—Federal Railroad Administration—National Network Grants to the National Railroad Passenger Corporation’’ in
title VIII of division J of Public Law 117–58 is amended in the
second proviso, by striking ‘‘under this heading in this Act shall
be made available for’’ and inserting ‘‘under this heading in this
Act shall be made available for appropriate costs required for’’:
Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of 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.
SEC. 430. The matter preceding the first proviso under the
heading ‘‘Department of Transportation—Federal Railroad Administration—Federal-State Partnership for Intercity Passenger Rail
Grants’’ in title VIII of division J of Public Law 117–58 is amended
by inserting ‘‘in’’ before ‘‘section 24911’’: Provided, That amounts
repurposed pursuant to this section that were previously designated
by the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of 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.
SEC. 431. The eighth proviso under the heading ‘‘Department
of Transportation—Pipeline and Hazardous Materials Safety
Administration—Natural Gas Distribution Infrastructure Safety
and Modernization Grant Program’’ in title VIII of division J of
Public Law 117–58 is amended by striking ‘‘transferred pursuant
to the authority in this section in each of fiscal years 2022 through
2026’’ and inserting ‘‘in the preceding proviso’’: Provided, That
amounts repurposed pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
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135 Stat. 1433.
135 Stat. 1433.
135 Stat. 1434.
135 Stat. 1436.
135 Stat. 1443.
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PUBLIC LAW 117–103—MAR. 15, 2022
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.
SEC. 432. (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.
SEC. 433. 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)).
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2022’’.
DIVISION N—UKRAINE SUPPLEMENTAL
APPROPRIATIONS ACT, 2022
Ukraine
Supplemental
Appropriations
Act, 2022.
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
FOOD FOR PEACE TITLE II GRANTS
For an additional amount for ‘‘Food for Peace Title II Grants’’,
$100,000,000, to remain available until expended.
TITLE II
DEPARTMENT OF COMMERCE
BUREAU
OF INDUSTRY AND
SECURITY
OPERATIONS AND ADMINISTRATION
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For an additional amount for ‘‘Operations and Administration’’,
$22,100,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses: Provided, That the Bureau of Industry and Security shall submit
a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate within 45 days after the date
of enactment of this Act: Provided further, That amounts provided
under this heading in this Act may not be used to increase the
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136 STAT. 777
number of permanent positions: Provided further, That amounts
made available under this heading in this Act may be used to
appoint such temporary personnel as may be necessary without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service: Provided further, That
the Secretary of Commerce is authorized to appoint such temporary
personnel, after serving continuously for one year, to positions
in the Bureau of Industry and Security in the same manner that
competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions
and an individual appointed under this provision shall become
a career-conditional employee, unless the employee has already
completed the service requirements for career tenure.
Personnel
appointments.
DEPARTMENT OF JUSTICE
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ‘‘Salaries and Expenses, General
Legal Activities’’, $9,700,000, to remain available until September
30, 2023, to respond to the situation in Ukraine and for related
expenses: Provided, That amounts provided under this heading
in this Act may not be used to increase the number of permanent
positions.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $5,000,000, to remain available until September
30, 2023, to respond to the situation in Ukraine and for related
expenses: Provided, That amounts provided under this heading
in this Act may not be used to increase the number of permanent
positions.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$1,100,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses: Provided, That amounts provided under this heading in this Act may
not be used to increase the number of permanent positions.
FEDERAL BUREAU
OF INVESTIGATION
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SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$43,600,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
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136 STAT. 778
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$130,377,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$11,645,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $3,079,000, to remain available until September 30, 2022,
to respond to the situation in Ukraine and for related expenses.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$50,396,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCE
OPERATION
AND
MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $1,113,234,000, to remain available until September 30,
2022, to respond to the situation in Ukraine and for related
expenses.
OPERATION
AND
MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $202,797,000, to remain available until September 30, 2022,
to respond to the situation in Ukraine and for related expenses.
OPERATION
AND
MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $21,440,000, to remain available until September
30, 2022, to respond to the situation in Ukraine and for related
expenses.
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OPERATION
AND
MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $415,442,000, to remain available until September 30,
2022, to respond to the situation in Ukraine and for related
expenses.
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PUBLIC LAW 117–103—MAR. 15, 2022
OPERATION
AND
136 STAT. 779
MAINTENANCE, SPACE FORCE
For an additional amount for ‘‘Operation and Maintenance,
Space Force’’, $800,000, to remain available until September 30,
2022, to respond to the situation in Ukraine and for related
expenses.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $311,583,000, to remain available until September
30, 2022, to respond to the situation in Ukraine and for related
expenses.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$213,693,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$14,259,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $31,100,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for
related expenses.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $47,500,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and
for related expenses.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $51,745,000, to remain available
until September 30, 2023, to respond to the situation in Ukraine
and for related expenses.
REVOLVING AND MANAGEMENT FUNDS
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DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$409,000,000, to remain available until September 30, 2022, to
respond to the situation in Ukraine and for related expenses.
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PUBL103
136 STAT. 780
PUBLIC LAW 117–103—MAR. 15, 2022
GENERAL PROVISIONS—THIS TITLE
(INCLUDING TRANSFER OF FUNDS)
Notification.
Time period.
Determination.
Reviews.
Reports.
SEC. 2301. In addition to amounts provided elsewhere in this
title, there is appropriated $3,500,000,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until September 30, 2023, which may be transferred to accounts
under the headings ‘‘Operation and Maintenance’’ and ‘‘Procurement’’, for replacement of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense services
of the Department of Defense and military education and training,
provided to the Government of Ukraine: Provided, That the Secretary of Defense shall notify the congressional defense committees
of the details of such transfers not less than 30 days before any
such transfer: Provided further, That the funds transferred pursuant to this section 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 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 and merged with
this appropriation: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided by law.
SEC. 2302. The Inspector General of the Department of Defense
shall carry out reviews of the activities of the Department of Defense
to execute funds appropriated in this Act, including assistance
provided to Ukraine: Provided, That the Inspector General shall
provide to the congressional defense committees a written report
not later than 120 days after the date of enactment of this Act.
TITLE IV
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
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Determination.
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For an additional amount for ‘‘Departmental Administration’’,
$30,000,000, to remain available until expended, to respond to
the situation in Ukraine and for related expenses: Provided, That
funds appropriated under this heading in this Act may be transferred to, and merged with, other appropriation accounts of the
Department of Energy, to respond to the situation in Ukraine
and for related expenses: Provided further, That upon a determination that all or part of the funds transferred pursuant to the
authority provided under this heading are not necessary for such
purposes, such amounts may be transferred back to this appropriation.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 781
TITLE V
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$17,000,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$25,000,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$19,000,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
TITLE VI
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC PROGRAMS
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Diplomatic Programs’’,
$125,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine: Provided, That up to $15,000,000
may be transferred to, and merged with, funds available under
the heading ‘‘Emergencies in the Diplomatic and Consular Service’’:
Provided further, That up to $50,000,000 may be transferred to,
and merged with, funds available under the heading ‘‘Capital
Investment Fund’’ for cybersecurity and related information technology investments: Provided further, That funds appropriated
under this heading in this Act shall be made available, as appropriate, to enhance the capacity of the Department of State to
identify the assets of Russian and other oligarchs related to the
situation in Ukraine, and to coordinate with the Department of
the Treasury in seizing or freezing such assets.
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Asset seizure.
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PUBLIC LAW 117–103—MAR. 15, 2022
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$4,000,000, to remain available until September 30, 2024.
RELATED AGENCY
UNITED STATES AGENCY
FOR
GLOBAL MEDIA
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Operations’’, $25,000,000, to remain available until September 30, 2024,
to respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine, including to enhance the capacity
of Radio Free Europe/Radio Liberty, Voice of America, and other
United States broadcasting entities and independent grantee
organizations.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$25,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$4,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assistance’’, $2,650,000,000, to remain available until expended, to
respond to humanitarian needs in Ukraine and in countries
impacted by the situation in Ukraine, including the provision of
emergency food and shelter, and for assistance for other vulnerable
populations and communities.
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TRANSITION INITIATIVES
For an additional amount for ‘‘Transition Initiatives’’,
$120,000,000, to remain available until expended, for assistance
for Ukraine and countries impacted by the situation in Ukraine.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 783
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Economic Support Fund’’,
$647,000,000, to remain available until September 30, 2024, for
assistance for Ukraine and countries impacted by the situation
in Ukraine, including direct financial support: Provided, That funds
appropriated under this heading in this Act may be made available
notwithstanding any other provision of law that restricts assistance
to foreign countries.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For an additional amount for ‘‘Assistance for Europe, Eurasia
and Central Asia’’, $1,120,000,000, to remain available until September 30, 2024, for assistance and related programs for Ukraine
and other countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c))).
DEPARTMENT
OF
STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assistance’’, $1,400,000,000, to remain available until expended, to assist
refugees from Ukraine and for additional support for other vulnerable populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $30,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted
by the situation in Ukraine.
FUNDS APPROPRIATED
TO THE
PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Program’’, $650,000,000, to remain available until September 30, 2024,
for assistance for Ukraine and countries impacted by the situation
in Ukraine.
GENERAL PROVISIONS—THIS TITLE
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(INCLUDING TRANSFERS OF FUNDS)
SEC. 2601. During fiscal year 2022, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
applied by substituting ‘‘$3,000,000,000’’ for ‘‘$100,000,000’’.
SEC. 2602. During fiscal year 2022, section 614(a)(4)(A)(ii) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2364) shall be applied
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Applicability.
Applicability.
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President.
Reports.
Consultation.
Determination.
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Reimbursement.
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PUBLIC LAW 117–103—MAR. 15, 2022
by substituting ‘‘$500,000,000’’ for ‘‘$250,000,000’’ and section
614(a)(4)(C) shall be applied by substituting ‘‘$100,000,000’’ for
‘‘$50,000,000’’, by substituting ‘‘$500,000,000’’ for ‘‘$250,000,000’’,
by substituting ‘‘$750,000,000’’ for ‘‘$500,000,000’’, and by substituting ‘‘$1,250,000,000’’ for ‘‘$1,000,000,000’’.
SEC. 2603. During fiscal year 2022, the President may transfer
excess defense articles to Ukraine and to allies and partners in
Europe pursuant to section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) without regard to the notification requirement in section 516(f)(1) of such Act and the monetary limitation
in section 516(g) of such Act: Provided, That not later than 30
days after such a transfer has occurred, the President shall report
to the appropriate congressional committees on the items transferred, pursuant to the specifications in section 516(f) of such Act.
SEC. 2604. (a) Funds appropriated by this title under the
headings ‘‘International Disaster Assistance’’ and ‘‘Migration and
Refugee Assistance’’ may be transferred to, and merged with, funds
appropriated by this title under such headings to respond to
humanitarian needs in Ukraine and in countries impacted by the
situation in Ukraine and for other assistance for vulnerable populations and communities.
(b) Funds appropriated by this title under the headings ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe,
Eurasia and Central Asia’’, and ‘‘International Narcotics Control
and Law Enforcement’’ may be transferred to, and merged with,
funds available under such headings and with funds available under
the headings ‘‘Complex Crises Fund’’ and ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ for assistance for
Ukraine and countries impacted by the situation in Ukraine and
to respond to humanitarian needs.
(c) Funds appropriated by this title under the heading ‘‘Economic Support Fund’’ may be transferred to, and merged with,
funds available under the heading ‘‘Diplomatic Programs’’ for activities related to public engagement, messaging, and countering
disinformation.
(d) The transfer authorities provided by this title are in addition
to any other transfer authority provided by law.
(e) The exercise of the transfer authorities provided by this
title shall be subject to prior consultation with the Committees
on Appropriations.
(f) Upon a determination that all or part of the funds transferred pursuant to the authorities provided under this title are
not necessary for such purposes, such amounts may be transferred
back to such appropriations.
SEC. 2605. Funds appropriated by this title under the headings
‘‘Diplomatic Programs’’, ‘‘International Broadcasting Operations’’,
‘‘Operating Expenses’’, ‘‘International Disaster Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe,
Eurasia and Central Asia’’, ‘‘Migration and Refugee Assistance’’,
‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ may be used to reimburse
accounts administered by the Department of State, United States
Agency for Global Media, and the United States Agency for International Development for obligations incurred related to the situation in Ukraine and in countries impacted by the situation in
Ukraine under such headings prior to the date of enactment of
this Act.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 785
SEC. 2606. (a) During fiscal year 2022, direct loans under
section 23 of the Arms Export Control Act may be made available
for Ukraine and North Atlantic Treaty Organization (NATO) allies,
notwithstanding section 23(c)(1) of the Arms Export Control Act,
gross obligations for the principal amounts of which shall not exceed
$4,000,000,000: Provided, That funds made available under the
heading ‘‘Foreign Military Financing Program’’ in this title and
unobligated balances of funds made available under such heading
in 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 such loans: 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 and may
include the costs of selling, reducing, or cancelling any amounts
owed to the United States or any agency of the United States:
Provided further, That the Government of the United States may
charge fees for such loans, which shall be collected from borrowers
in accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided further, That no funds made available by this
or any other appropriations Act for this fiscal year or prior fiscal
years may be used for payment of any fees associated with such
loans: Provided further, That such loans shall be repaid in not
more than 12 years, including a grace period of up to one year
on repayment of principal: Provided further, That notwithstanding
section 23(c)(1) of the Arms Export Control Act, interest for such
loans may be charged at a rate determined by the Secretary of
State, except that such rate may not be less than the prevailing
interest rate on marketable Treasury securities of similar maturity:
Provided further, That amounts made available under this subsection for such costs shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(b) Funds made available under the heading ‘‘Foreign Military
Financing Program’’ in this title and unobligated balances of funds
made available under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related
programs may be made available, notwithstanding the third proviso
under such heading, for the costs of loan guarantees under section
24 of the Arms Export Control Act for Ukraine and NATO allies,
which are authorized to be provided: Provided, That such funds
are available to subsidize gross obligations for the principal amount
of commercial loans, and total loan principal, any part of which
is to be guaranteed, not to exceed $4,000,000,000: Provided further,
That no loan guarantee with respect to any one borrower may
exceed 80 percent of the loan principal: Provided further, That
any loan guaranteed under this subsection may not be subordinated
to another debt contracted by the borrower or to any other claims
against the borrower in the case of default: Provided further, That
repayment in United States dollars of any loan guaranteed under
this subsection shall be required within a period not to exceed
12 years after the loan agreement is signed: Provided further,
That the Government of the United States may charge fees for
such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected
from borrowers or third parties on behalf of such borrowers in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided further, That amounts made available under
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Loans.
Fees.
Time periods.
Determination.
Requirement.
Time period.
Fees.
PUBL103
136 STAT. 786
Consultation.
Notification.
Reports.
Updates.
Termination date.
Time period.
PUBLIC LAW 117–103—MAR. 15, 2022
this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country.
(c) Funds made available pursuant to the authorities of this
section shall be subject to prior consultation with the appropriate
congressional committees, and the regular notification procedures
of the Committees on Appropriations.
SEC. 2607. Not later than 30 days after the date of enactment
of this Act, the Secretary of State and Administrator of the United
States Agency for International Development shall jointly submit
a report to the Committees on Appropriations on the proposed
uses of funds appropriated by this title: Provided, That the United
States Agency for Global Media Chief Executive Officer shall submit
a separate report not later than 30 days after the date of enactment
of this Act for funds appropriated under the heading ‘‘International
Broadcasting Operations’’: Provided further, That such reports shall
be updated and submitted to the Committees on Appropriations
every 60 days thereafter until September 30, 2024, and every 120
days thereafter until all funds have been expended.
TITLE VII
GENERAL PROVISIONS—THIS ACT
Reports.
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SEC. 2701. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for the
fiscal year involved.
SEC. 2702. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
SEC. 2703. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable
to such appropriations accounts for fiscal year 2022.
SEC. 2704. (a) Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary
of Defense shall submit to the appropriate congressional committees
and congressional Leadership a report that includes the following:
(1) a description of United States Government assistance
provided to the security forces of the Government of Ukraine
for the purpose of supporting the Ukrainian people as they
defend their territorial integrity and sovereignty, and to counter
ongoing Russian aggression, including:
(A) an assessment of Ukrainian security requirements
and capabilities gaps the assistance seeks to fill; and
(B) formal requests from the Government of Ukraine
for specific defense articles and services as of the date
of enactment;
(2) a description, to the extent practicable, of other assistance, including lethal assistance, Ukraine has received since
December 1, 2021, from foreign governments;
(3) a description of United States Government diplomatic
efforts to end Russia’s aggression against Ukraine and to
restore Ukraine’s sovereignty;
(4) a detailed description of United States Government
policies aimed at supporting North Atlantic Treaty Organization (NATO) allies and other European partners threatened
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 787
by the government of the Russian Federation and its proxies
and increased strain from the humanitarian crisis; and
(5) a plan to replenish stocks of U.S. origin defense articles
transferred by NATO or its member states to Ukraine.
(b) The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex, if necessary.
(c) Every 90 days after the release of the first report to the
appropriate congressional committees, the Secretary of State and
the Secretary of Defense shall submit to the appropriate congressional committees and congressional Leadership a report that
includes:
(1) a detailed description of defense articles transferred
or scheduled to be transferred by the United States to the
Government of Ukraine; and
(2) a detailed description of U.S. origin defense articles
transferred by NATO or its member states under U.S.
authorization to the Government of Ukraine during the
reporting period.
(d) For purposes of this section, the term ‘‘appropriate congressional committees’’ means the House Committees on Foreign Affairs,
Armed Services, and Appropriations and the Senate Committees
on Foreign Relations, Armed Services, and Appropriations.
SEC. 2705. Each amount provided by this division 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.
This division may be cited as the ‘‘Ukraine Supplemental Appropriations Act, 2022’’.
Plan.
Definition.
DIVISION O—EXTENSIONS AND
TECHNICAL CORRECTIONS
TITLE I—FLOOD INSURANCE
SEC. 101. NATIONAL FLOOD INSURANCE PROGRAM EXTENSION.
(a) FINANCING.—Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ‘‘September 30, 2021’’ and inserting ‘‘September 30, 2022’’.
(b) PROGRAM EXPIRATION.—Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
‘‘September 30, 2021’’ and inserting ‘‘September 30, 2022’’.
TITLE II—IMMIGRATION EXTENSIONS
Applicability.
SEC. 201. E-VERIFY.
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’’.
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SEC. 202. NON-MINISTER RELIGIOUS WORKERS.
8 USC 1324a
note.
8 USC 1101 note.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall
be applied by substituting ‘‘September 30, 2022’’ for ‘‘September
30, 2015’’.
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8 USC 1182 note.
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 203. RURAL HEALTHCARE WORKERS.
Subclauses 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’’.
Consultation.
Determination.
8 USC 1184 note.
SEC. 204. H–2B SUPPLEMENTAL VISAS EXEMPTION.
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.
TITLE III—LIVESTOCK REPORTING
EXTENSION
SEC. 301. LIVESTOCK MANDATORY REPORTING EXTENSION.
(a) IN GENERAL.—Section 260 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘2020’’ and
inserting ‘‘2022’’.
(b) CONFORMING AMENDMENT.—Section 942 of the Livestock
Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law
106–78) is amended by striking ‘‘2020’’ and inserting ‘‘2022’’.
TITLE IV—TVPA EXTENSION
SEC. 401. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended
by striking ‘‘March 11, 2022’’ and inserting ‘‘September 11, 2022’’.
TITLE V—BUDGETARY EFFECTS
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SEC. 501. BUDGETARY EFFECTS.
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of
this division and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division and each succeeding division shall not be entered on any
PAYGO scorecard maintained for purposes of section 4106 of H.
Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
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136 STAT. 789
budgetary effects of this division and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION P—HEALTH PROVISIONS
TITLE I—PUBLIC HEALTH
Subtitle A—National Disaster Medical
System
SEC. 101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.
300hh–11(c)(4)(B)) is amended by striking ‘‘March 11, 2022’’ and
inserting ‘‘September 30, 2023’’.
Subtitle B—Synthetic Nicotine
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SEC. 111. FDA AUTHORITY OVER PRODUCTS CONTAINING NICOTINE.
(a) TOBACCO PRODUCT DEFINED.—Section 201(rr) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)) is amended—
(1) in subparagraph (1), by inserting ‘‘, or containing nicotine from any source,’’ after ‘‘from tobacco’’; and
(2) by adding at the end the following:
‘‘(5) The term ‘tobacco product’ does not mean an article that
is a food under paragraph (f), if such article contains no nicotine,
or no more than trace amounts of naturally occurring nicotine.’’.
(b) APPLICABILITY TO CERTAIN PRODUCTS.—Section 901(b) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(b))
is amended by adding at the end the following: ‘‘This chapter
shall also apply to any tobacco product containing nicotine that
is not made or derived from tobacco.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 30 days after the date of enactment
of this Act.
(d) SUBMISSION OF APPLICATIONS FOR PREVIOUSLY MARKETED
PRODUCTS.—
(1) TRANSITION PERIOD FOR ALL PRODUCTS.—With respect
to a tobacco product that contains nicotine from any source
other than tobacco and that was being marketed in the United
States within 30 days after the date of enactment of this
Act, such product shall not be considered to be in violation
of section 910 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387j) (relating to applications for review of certain
tobacco products) during the 60-day period following the date
of enactment of this Act.
(2) SUBMISSION OF APPLICATIONS.—
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21 USC 321 note.
21 USC 387j
note.
PUBL103
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Effective date.
Definition.
21 USC 321 note.
Notice.
Federal Register,
publication.
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21 USC 387v.
PUBLIC LAW 117–103—MAR. 15, 2022
(A) IN GENERAL.—As a condition for continuing to
market a product described in paragraph (1) after the
60-day period specified in such paragraph, during the 30day period beginning on the effective date specified in
subsection (c), the manufacturer shall submit a new tobacco
product application under section 910(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387j(b)) with
respect to such product.
(B) TRANSITION PERIOD.—Except as provided in
subparagraph (C), with respect to a tobacco product for
which an application is submitted as described in subparagraph (A), the manufacturer of such product may continue
to market such product during the 90-day period beginning
on the effective date specified in subsection (c).
(C) EXCEPTION.—If the Secretary of Health and Human
Services previously denied an application under section
910(c)(2) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387j(c)(2)), refused to file an application under
section 910(b) of such Act, or withdrew an order under
section 910(d) of such Act for a previous version of a tobacco
product that used nicotine made or derived from tobacco,
such product is not eligible for continued marketing under
subparagraph (B).
(3) END OF TRANSITION PERIOD.—Beginning on the date
that is 90 days after the effective date specified in subsection
(c), a tobacco product described in paragraph (1) (including
such a tobacco product that is the subject of a pending application under section 910 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387j)) is in violation of such section 910 if
such tobacco product does not have an order in effect under
subsection (c)(1)(A)(i) of such section.
(e) APPLICABILITY OF EXISTING REQUIREMENTS FOR TOBACCO
PRODUCTS.—Effective 30 days after the date of enactment of this
Act, with respect to any regulation promulgated or related guidance
issued, in whole or part, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) before the date that is 30 days
after such date of enactment, the term ‘‘tobacco product’’ shall
have the meaning of, and shall be deemed amended to reflect
the meaning of, such term as defined in section 201(rr) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)), as
amended by subsection (a). Products that are tobacco products
under such section 201(rr), as so amended, shall be subject to
all requirements of regulations for tobacco products. The Secretary
of Health and Human Services shall publish a notice in the Federal
Register to update the Code of Federal Regulations to reflect such
deemed amendment to existing regulations and guidance.
(f) TECHNICAL ACHIEVABILITY.—Section 907(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387g(b)(1)) is amended
by inserting before the period at the end the following: ‘‘, including
with regard to any differences related to the technical achievability
of compliance with such standard for products in the same class
containing nicotine not made or derived from tobacco and products
containing nicotine made or derived from tobacco’’.
SEC. 112. REPORTING ON TOBACCO REGULATION ACTIVITIES.
(a) IN GENERAL.—For fiscal year 2022 and each subsequent
fiscal year for which fees are collected under section 919 of the
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 791
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s), the Secretary of Health and Human Services shall, not later than 180
days after the end of the fiscal year, prepare and submit to the
Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate, an annual report that contains the
information required under subsection (b).
(b) REQUIRED INFORMATION.—Each report submitted under subsection (a) shall contain the following information for the previous
fiscal year:
(1) Total annual user fee collections.
(2) Total amount of fees obligated.
(3) The amount of unobligated carryover balance from fees
collected.
(4) The amount obligated by the Center for Tobacco Products for each of the following activities:
(A) Compliance and enforcement.
(B) Public education campaigns.
(C) Scientific research and research infrastructure.
(D) Communications.
(E) Leadership, management oversight, and administrative services.
(F) Related overhead activities.
(5) The numbers of applications, categorized by class of
tobacco product and review pathway under sections 905, 910,
and 911 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387e; 387j; 387k), that were—
(A) submitted;
(B) pending;
(C) accepted;
(D) refused to file;
(E) withdrawn;
(F) denied;
(G) authorized for marketing under an order;
(H) issued a deficiency letter or environmental information request letter; or
(I) referred to the Tobacco Products Scientific Advisory
Committee.
(6) The number and titles of draft and final guidance
documents and proposed and final regulations issued on topics
related to the process for the review of tobacco product applications, whether such regulations and guidance documents were
issued as required by statute or by other legal or regulatory
requirements, and whether the issuance met the deadlines
set forth by the applicable statute or other requirements.
(7) The number and titles of public meetings related to
the review of tobacco product applications by the Center for
Tobacco Products or other offices or centers within the Food
and Drug Administration.
(8) The number of pre-submission meetings relating to
applications under section 910 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387j), including the number of meeting
requests received, the number of meetings held, and the median
amount of time between when such meeting requests were
made and when the requests were granted or denied.
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136 STAT. 792
Web posting.
Estimates.
Updates.
Procedures.
PUBLIC LAW 117–103—MAR. 15, 2022
(9) The number of full-time equivalent employees funded
pursuant to fees collected under section 919 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387s), including identification of the centers and offices within the Food and Drug
Administration in which such positions are located.
(10) The number of inspections and investigations conducted at domestic and foreign establishments required to register under section 905 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387e).
(11) The total number of compliance and enforcement
actions issued or taken with respect to tobacco products,
including warning letters, civil money penalties, no-tobaccosale orders, and other enforcement actions (including seizures,
injunctions, and criminal prosecution).
(c) PUBLIC AVAILABILITY.—The Secretary of Health and Human
Services shall make the reports required under this section available
to the public on the website of the Food and Drug Administration.
(d) LIMITATIONS.—Reporting under this section shall include
best estimates for any reporting category for which the Food and
Drug Administration does not have precise calculations. Such best
estimates shall be accompanied with an explanatory statement
for why the Food and Drug Administration does not have access
to, or cannot calculate, the exact figure and a date by which the
Food and Drug Administration will update its internal accounting
procedures to allow for such reporting. If a category is successfully
reported by the Food and Drug Administration with regard to
another type of user fee but is provided a best estimate by the
Center for Tobacco Products, the explanatory statement shall
include information regarding how the Food and Drug Administration will align systems and apply learning across the agency to
allow for accurate reporting.
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Subtitle C—Drug Discount Program
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note.
SEC. 121. ELIGIBILITY EXCEPTION FOR THE DRUG DISCOUNT PROGRAM DUE TO THE COVID–19 PUBLIC HEALTH EMERGENCY.
Time periods.
(a) IN GENERAL.—Notwithstanding any other provision of law,
in the case of a hospital described in subsection (b) that, with
respect to cost reporting periods that begin during fiscal year 2020
or a subsequent fiscal year, but do not end after December 31,
2022, does not meet the applicable requirement for the disproportionate share adjustment percentage described in subsection (c)
by reason of the COVID–19 public health emergency, but otherwise
meets the requirements for being a covered entity under subparagraph (L), (M), or (O) of subsection (a)(4) of section 340B of the
Public Health Service Act (42 U.S.C. 256b) and is in compliance
with all other requirements of the program under such section,
shall be deemed a covered entity for purposes of such section
for the period—
(1) beginning on the date of the enactment of this Act
(or, if later, with the first of such cost reporting periods for
which the hospital does not so meet such applicable requirement for the disproportionate share adjustment percentage,
but otherwise meets all other such requirements for being
such a covered entity and of such program); and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 793
(2) ending with the last of such cost reporting periods
(ending not later than December 31, 2022) for which the hospital does not so meet such applicable requirement for the
disproportionate share adjustment percentage, but otherwise
meets all other such requirements for being such a covered
entity and of such program.
(b) HOSPITALS.—A hospital described in this subsection is an
entity that, on the day before the first day of the COVID–19
public health emergency, was a covered entity described in subparagraph (L), (M), or (O) of subsection (a)(4) of section 340B of the
Public Health Service Act participating in the drug discount program under such section.
(c) APPLICABLE REQUIREMENT FOR DISPROPORTIONATE SHARE
ADJUSTMENT PERCENTAGE.—The applicable requirement for the disproportionate share adjustment percentage described in this subsection is—
(1) in the case of a hospital described in subsection (a)
that otherwise meets the requirements under subparagraph
(L) or (M) of section 340B(a)(4) of the Public Health Service
Act, the requirement under subparagraph (L)(ii) of such section;
and
(2) in the case of a hospital described in subsection (a)
that otherwise meets the requirements under subparagraph
(O) of such section 340B(a)(4), the requirement with respect
to the disproportionate share adjustment percentage described
in such subparagraph (O).
(d) SELF-ATTESTATION.—
(1) IN GENERAL.—A hospital described in subsection (a)
that fails to meet the applicable requirement for the disproportionate share adjustment percentage described in subsection
(c) shall, within 30 days of such failure, or in the case of
a hospital where such failure occurred prior to the date of
enactment of this Act but after the start of the COVID-19
public health emergency, within 30 days of the date of enactment, provide to the Secretary of Health and Human Services
an attestation that contains information on any actions taken
by or other impact on such hospital in response to or as a
result of the COVID-19 public health emergency that may
have impacted the ability to meet the applicable requirement
for the disproportionate share adjustment percentage described
in subsection (c).
(2) PAPERWORK REDUCTION ACT.—Chapter 35 of title 44,
United States Code, shall not apply to the collection of information provided pursuant to this subsection.
(e) DEFINITIONS.—In this section:
(1) COVERED ENTITY.—The term ‘‘covered entity’’ has the
meaning given such term in section 340B(a)(4) of the Public
Health Service Act (42 U.S.C. 256b(a)(4)).
(2) COVID–19 PUBLIC HEALTH EMERGENCY.—The term
‘‘COVID–19 public health emergency’’ means the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d) on January 31, 2020, with respect to COVID–
19 (or any renewal of such declaration).
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Deadlines.
PUBL103
136 STAT. 794
PUBLIC LAW 117–103—MAR. 15, 2022
Subtitle D—Maternal Health Quality
Improvement
CHAPTER 1—IMPROVEMENTS TO MATERNAL HEALTH
CARE
SEC. 131. INNOVATION FOR MATERNAL HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et
seq.) is amended by inserting after section 330N of such Act, the
following:
42 USC 254c–21.
‘‘SEC. 330O. INNOVATION FOR MATERNAL HEALTH.
Consultation.
Grants.
‘‘(a) IN GENERAL.—The Secretary, in consultation with experts
representing a variety of clinical specialties, State, Tribal, or local
public health officials, researchers, epidemiologists, statisticians,
and community organizations, shall establish or continue a program
to award competitive grants to eligible entities for the purpose
of—
‘‘(1) identifying, developing, or disseminating best practices
to improve maternal health care quality and outcomes, improve
maternal and infant health, and eliminate preventable
maternal mortality and severe maternal morbidity, which may
include—
‘‘(A) information on evidence-based practices to improve
the quality and safety of maternal health care in hospitals
and other health care settings of a State or health care
system by addressing topics commonly associated with
health complications or risks related to prenatal care, labor
care, birthing, and postpartum care;
‘‘(B) best practices for improving maternal health care
based on data findings and reviews conducted by a State
maternal mortality review committee that address topics
of relevance to common complications or health risks
related to prenatal care, labor care, birthing, and
postpartum care; and
‘‘(C) information on addressing determinants of health
that impact maternal health outcomes for women before,
during, and after pregnancy;
‘‘(2) collaborating with State maternal mortality review
committees to identify issues for the development and
implementation of evidence-based practices to improve
maternal health outcomes and reduce preventable maternal
mortality and severe maternal morbidity, consistent with section 317K;
‘‘(3) providing technical assistance and supporting the
implementation of best practices identified in paragraph (1)
to entities providing health care services to pregnant and
postpartum women; and
‘‘(4) identifying, developing, and evaluating new models
of care that improve maternal and infant health outcomes,
which may include the integration of community-based services
and clinical care.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible for a grant under subsection (a), an entity shall—
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136 STAT. 795
‘‘(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may require; and
‘‘(2) demonstrate in such application that the entity is
capable of carrying out data-driven maternal safety and quality
improvement initiatives in the areas of obstetrics and gynecology or maternal health.
‘‘(c) REPORT.—Not later than September 30, 2025, and every
2 years thereafter, the Secretary shall submit a report to Congress
on the practices described in paragraphs (1) and (2) of subsection
(a). Such report shall include a description of the extent to which
such practices reduced preventable maternal mortality and severe
maternal morbidity, and whether such practices improved maternal
and infant health. The Secretary shall disseminate information
on such practices, as appropriate.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there are authorized to be appropriated $9,000,000 for
each of fiscal years 2023 through 2027.’’.
Application.
SEC. 132. TRAINING FOR HEALTH CARE PROVIDERS.
Title VII of the Public Health Service Act is amended by
striking section 763 (42 U.S.C. 294p) and inserting the following:
‘‘SEC. 763. TRAINING FOR HEALTH CARE PROVIDERS.
42 USC 294p.
‘‘(a) GRANT PROGRAM.—The Secretary shall establish a program
to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training
programs for the training of health care professionals to improve
the provision of prenatal care, labor care, birthing, and postpartum
care for racial and ethnic minority populations, including with
respect to perceptions and biases that may affect the approach
to, and provision of, care.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under subsection
(a), an entity described in such subsection shall submit to the
Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
‘‘(c) REPORTING REQUIREMENTS.—
‘‘(1) PERIODIC GRANTEE REPORTS.—Each entity awarded a
grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using
the grant, including a description of the impact of such training
on patient outcomes, as applicable.
‘‘(2) REPORT TO CONGRESS.—Not later than September 30,
2026, the Secretary shall submit a report to Congress on the
activities conducted using grants under subsection (a) and any
best practices identified and disseminated under subsection
(d).
‘‘(d) BEST PRACTICES.—The Secretary may identify and disseminate best practices for the training described in subsection (a).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $5,000,000 for each
of fiscal years 2023 through 2027.’’.
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SEC. 133. STUDY ON IMPROVING TRAINING FOR HEALTH CARE PROVIDERS.
Not later than 2 years after date of enactment of this Act,
the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study
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Application.
Contracts.
Recommendations.
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PUBLIC LAW 117–103—MAR. 15, 2022
and make recommendations for accredited schools of allopathic
medicine, osteopathic medicine, and nursing, and other health
professional training programs on best practices related to training
to improve the provision of prenatal care, labor care, birthing,
and postpartum care for racial and ethnic minority populations,
including with respect to perceptions and biases that may affect
the approach to, and provision of, care.
SEC. 134. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM
WOMEN.
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(a) GRANTS.—Title III of the Public Health Service Act (42
U.S.C. 241 et seq.) is amended by inserting after section 330O
of such Act, as added by section 131, the following:
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42 USC 254c–22.
‘‘SEC. 330P. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM
WOMEN.
Grants.
‘‘(a) IN GENERAL.—The Secretary may award grants for the
purpose of establishing or operating evidence-based or innovative,
evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health
of women and their infants, including to reduce adverse maternal
health outcomes, pregnancy-related deaths, and related health
disparities (including such disparities associated with racial and
ethnic minority populations), and, as appropriate, by addressing
issues researched under subsection (b)(2) of section 317K.
‘‘(b) INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM
WOMEN.—
‘‘(1) ELIGIBILITY.—To be eligible to receive a grant under
subsection (a), a State, Indian Tribe, or Tribal organization
(as such terms are defined in section 4 of the Indian SelfDetermination and Education Assistance Act) shall work with
relevant stakeholders that coordinate care to develop and carry
out the program, including—
‘‘(A) State, Tribal, and local agencies responsible for
Medicaid, public health, social services, mental health, and
substance use disorder treatment and services;
‘‘(B) health care providers who serve pregnant and
postpartum women; and
‘‘(C) community-based health organizations and health
workers, including providers of home visiting services and
individuals representing communities with disproportionately high rates of maternal mortality and severe maternal
morbidity, and including those representing racial and
ethnic minority populations.
‘‘(2) TERMS.—
‘‘(A) PERIOD.—A grant awarded under subsection (a)
shall be made for a period of 5 years. Any supplemental
award made to a grantee under subsection (a) may be
made for a period of less than 5 years.
‘‘(B) PRIORITIES.—In awarding grants under subsection
(a), the Secretary shall—
‘‘(i) give priority to States, Indian Tribes, and
Tribal organizations that have the highest rates of
maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal
organizations, respectively; and
‘‘(ii) shall consider health disparities related to
maternal mortality and severe maternal morbidity,
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136 STAT. 797
including such disparities associated with racial and
ethnic minority populations.
‘‘(C) EVALUATION.—The Secretary shall require
grantees to evaluate the outcomes of the programs supported under the grant.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2023 through 2027.’’.
(b) REPORT ON GRANT OUTCOMES AND DISSEMINATION OF BEST
PRACTICES.—
(1) REPORT.—Not later than February 1, 2027, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report that describes—
(A) the outcomes of the activities supported by the
grants awarded under the amendments made by this section on maternal and child health;
(B) best practices and models of care used by recipients
of grants under such amendments; and
(C) obstacles identified by recipients of grants under
such amendments, and strategies used by such recipients
to deliver care, improve maternal and child health, and
reduce health disparities.
(2) DISSEMINATION OF BEST PRACTICES.—Not later than
August 1, 2027, the Secretary of Health and Human Services
shall disseminate information on best practices and models
of care used by recipients of grants under the amendments
made by this section (including best practices and models of
care relating to the reduction of health disparities, including
such disparities associated with racial and ethnic minority
populations, in rates of maternal mortality and severe maternal
morbidity) to relevant stakeholders, which may include health
providers, medical schools, nursing schools, relevant State,
Tribal, and local agencies, and the general public.
SEC. 135. MATERNAL VACCINATION AWARENESS.
Deadline.
42 USC 254c–22
note.
42 USC 245 note.
In carrying out the public awareness initiative related to vaccinations pursuant to section 313 of the Public Health Service
Act (42 U.S.C. 245), the Secretary of Health and Human Services
shall take into consideration the importance of increasing awareness
and knowledge of the safety and effectiveness of vaccines to prevent
disease in pregnant and postpartum women and in infants and
the need to improve vaccination rates in communities and populations with low rates of vaccination.
CHAPTER 2—RURAL MATERNAL AND OBSTETRIC
MODERNIZATION OF SERVICES
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SEC. 141. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.
(a) MATERNAL MORTALITY AND MORBIDITY ACTIVITIES.—Section
301(e) of the Public Health Service Act (42 U.S.C. 241) is amended
by inserting ‘‘, preventable maternal mortality and severe maternal
morbidity,’’ after ‘‘delivery’’.
(b) OFFICE OF WOMEN’S HEALTH.—Section 310A(b)(1) of the
Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended by
striking ‘‘and sociocultural contexts,’’ and inserting ‘‘sociocultural
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136 STAT. 798
PUBLIC LAW 117–103—MAR. 15, 2022
(including among American Indians, Native Hawaiians, and Alaska
Natives), and geographical contexts,’’.
(c) SAFE MOTHERHOOD.—Section 317K of the Public Health
Service Act (42 U.S.C. 247b–12) is amended—
(1) in subsection (a)(2)(A), by inserting ‘‘, including
improving disaggregation of data (in a manner consistent with
applicable State and Federal privacy laws)’’ before the period;
and
(2) in subsection (b)(2)—
(A) in subparagraph (L), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (M) as subparagraph (N); and
(C) by inserting after subparagraph (L) the following:
‘‘(M) an examination of the relationship between
maternal health and obstetric services in rural areas and
outcomes in delivery and postpartum care; and’’.
(d) OFFICE OF RESEARCH ON WOMEN’S HEALTH.—Section
486(d)(4)(A)(iv) of the Public Health Service Act (42 U.S.C.
287d(d)(4)(A)(iv)) is amended by inserting ‘‘, including preventable
maternal mortality and severe maternal morbidity’’ before the semicolon.
SEC. 142. RURAL OBSTETRIC NETWORK GRANTS.
The Public Health Service Act is amended by inserting after
section 330A–1 of such Act (42 U.S.C. 254c–1a) the following:
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Contracts.
42 USC 254c–1b.
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‘‘SEC. 330A–2. RURAL OBSTETRIC NETWORK GRANTS.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall award grants
or cooperative agreements to eligible entities to establish collaborative improvement and innovation networks (referred to in this
section as ‘rural obstetric networks’) to improve maternal and infant
health outcomes and reduce preventable maternal mortality and
severe maternal morbidity by improving maternity care and access
to care in rural areas, frontier areas, maternity care health professional target areas, or jurisdictions of Indian Tribes and Tribal
organizations.
‘‘(b) USE OF FUNDS.—Grants or cooperative agreements awarded
pursuant to this section shall be used for the establishment or
continuation of collaborative improvement and innovation networks
to improve maternal and infant health outcomes and reduce
preventable maternal mortality and severe maternal morbidity by
improving prenatal care, labor care, birthing, and postpartum care
services in rural areas. Rural obstetric networks established in
accordance with this section may—
‘‘(1) develop a network to improve coordination and increase
access to maternal health care and assist pregnant women
in the areas described in subsection (a) with accessing and
utilizing prenatal care, labor care, birthing, and postpartum
care services to improve outcomes in birth and maternal mortality and morbidity;
‘‘(2) identify and implement evidence-based and sustainable
delivery models for providing prenatal care, labor care, birthing,
and postpartum care services, including home visiting programs
and culturally appropriate care models that reduce health
disparities;
‘‘(3) develop a model for maternal health care collaboration
between health care settings to improve access to care in areas
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136 STAT. 799
described in subsection (a), which may include the use of telehealth;
‘‘(4) provide training for professionals in health care settings that do not have specialty maternity care;
‘‘(5) collaborate with academic institutions that can provide
regional expertise and help identify barriers to providing
maternal health care, including strategies for addressing such
barriers; and
‘‘(6) assess and address disparities in infant and maternal
health outcomes, including among racial and ethnic minority
populations and underserved populations in such areas
described in subsection (a).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible entities’ means
entities providing prenatal care, labor care, birthing, and
postpartum care services in rural areas, frontier areas, or medically underserved areas, or to medically underserved populations or Indian Tribes or Tribal organizations.
‘‘(2) FRONTIER AREA.—The term ‘frontier area’ means a
frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of
the Social Security Act.
‘‘(3) INDIAN TRIBES; TRIBAL ORGANIZATION.—The terms
‘Indian Tribe’ and ‘Tribal organization’ have the meanings given
the terms ‘Indian tribe’ and ‘tribal organization’ in section
4 of the Indian Self-Determination and Education Assistance
Act.
‘‘(4) MATERNITY CARE HEALTH PROFESSIONAL TARGET
AREA.—The term ‘maternity care health professional target
area’ has the meaning described in section 332(k)(2).
‘‘(d) REPORT TO CONGRESS.—Not later than September 30, 2026,
the Secretary shall submit to Congress a report on activities supported by grants awarded under this section, including—
‘‘(1) a description of activities conducted pursuant to paragraphs (1) through (6) of subsection (b); and
‘‘(2) an analysis of the effects of rural obstetric networks
on improving maternal and infant health outcomes.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $3,000,000 for each
of fiscal years 2023 through 2027.’’.
Assessment.
Analysis.
SEC. 143. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C. 254c–
14) is amended—
(1) in subsection (f)(3), by adding at the end the following:
‘‘(M) Providers of prenatal, labor care, birthing, and
postpartum care services, including hospitals that operate
obstetric care units.’’; and
(2) in subsection (h)(1)(B), by striking ‘‘or prenatal care
for high-risk pregnancies’’ and inserting ‘‘prenatal care, labor
care, birthing care, or postpartum care’’.
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SEC. 144. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION.
Subpart 1 of part E of title VII of the Public Health Service
Act (42 U.S.C. 294n et seq.) is amended by adding at the end
the following:
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Grants.
42 USC 294s.
Analyses.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘SEC. 764. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION.
‘‘(a) IN GENERAL.—The Secretary shall award grants to accredited schools of allopathic medicine, osteopathic medicine, and
nursing, and other appropriate health professional training programs, to establish a training demonstration program to support—
‘‘(1) training for physicians, medical residents, fellows,
nurse practitioners, physician assistants, nurses, certified nurse
midwives, relevant home visiting workforce professionals and
paraprofessionals, or other professionals who meet relevant
State training and licensing requirements, as applicable, to
reduce preventable maternal mortality and severe maternal
morbidity by improving prenatal care, labor care, birthing, and
postpartum care in rural community-based settings; and
‘‘(2) developing recommendations for such training programs.
‘‘(b) APPLICATION.—To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
‘‘(c) ACTIVITIES.—
‘‘(1) TRAINING FOR HEALTH CARE PROFESSIONALS.— A
recipient of a grant under subsection (a)—
‘‘(A) shall use the grant funds to plan, develop, and
operate a training program to provide prenatal care, labor
care, birthing, and postpartum care in rural areas; and
‘‘(B) may use the grant funds to provide additional
support for the administration of the program or to meet
the costs of projects to establish, maintain, or improve
faculty development, or departments, divisions, or other
units necessary to implement such training.
‘‘(2) TRAINING PROGRAM REQUIREMENTS.—The recipient of
a grant under subsection (a) shall ensure that training programs carried out under the grant are evidence-based and
address improving prenatal care, labor care, birthing, and
postpartum care in rural areas, and such programs may include
training on topics such as—
‘‘(A) maternal mental health, including perinatal
depression and anxiety;
‘‘(B) substance use disorders;
‘‘(C) social determinants of health that affect individuals living in rural areas; and
‘‘(D) improving the provision of prenatal care, labor
care, birthing, and postpartum care for racial and ethnic
minority populations, including with respect to perceptions
and biases that may affect the approach to, and provision
of, care.
‘‘(d) EVALUATION AND REPORT.—
‘‘(1) EVALUATION.—
‘‘(A) IN GENERAL.—The Secretary shall evaluate the
outcomes of the demonstration program under this section.
‘‘(B) DATA SUBMISSION.—Recipients of a grant under
subsection (a) shall submit to the Secretary performance
metrics and other related data in order to evaluate the
program for the report described in paragraph (2).
‘‘(2) REPORT TO CONGRESS.—Not later than January 1, 2026,
the Secretary shall submit to Congress a report that includes—
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136 STAT. 801
‘‘(A) an analysis of the effects of the demonstration
program under this section on the quality, quantity, and
distribution of maternal health care services, including prenatal care, labor care, birthing, and postpartum care services, and the demographics of the recipients of those services;
‘‘(B) an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality)
before and after implementation of the program in the
communities served by entities participating in the demonstration; and
‘‘(C) recommendations on whether the demonstration
program should be continued.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2023 through 2027.’’.
Recommendations.
Subtitle E—Fentanyl Scheduling Extension
SEC.
151.
EXTENSION OF TEMPORARY
RELATED SUBSTANCES.
ORDER
FOR
FENTANYL-
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of
Fentanyl Analogues Act (Public Law 116–114), section 2 of such
Act is amended by striking ‘‘March 15, 2022’’ and inserting
‘‘December 31, 2022’’.
Effective date.
Ante, p. 33.
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Subtitle F—Drug-Free Communities
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SEC. 161. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUGFREE COMMUNITIES SUPPORT PROGRAM.
21 USC 1532
note.
(a) IN GENERAL.—Subject to subsection (b), if the Administrator
of the Drug-Free Communities Support Program determines that,
as a result of the public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID–19, an eligible coalition is unable to raise
the amount of non-Federal funds, including in-kind contributions,
agreed to be raised by the coalition for fiscal year 2020, 2021,
or 2022 under an agreement entered into with the Administrator
pursuant to paragraph (1)(A) or (3) of section 1032(b) of the AntiDrug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator
may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year
only in an amount—
(1) with respect to an initial grant or renewal grant
described under paragraph (1)(A) or (3)(A) of such section,
that exceeds the amount of non-Federal funds raised by the
eligible coalition, including in-kind contributions, for that fiscal
year;
(2) with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of
the amount of non-Federal funds raised by the eligible coalition,
including in-kind contributions, for that fiscal year; and
(3) with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of
Determination.
05:42 Jun 13, 2022
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the amount of non-Federal funds raised by the eligible coalition,
including in-kind contributions, for that fiscal year.
(b) LIMITATION.—The Administrator may not provide a grant
or renewal grant to an eligible coalition in an amount exceeding
the amount of funds initially agreed to be provided by the Administrator under the applicable agreement.
TITLE II—MEDICAID
SEC. 201. CERTAIN MEDICAID EXTENSIONS FOR TERRITORIES.
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Certification.
Reimbursement.
Plan.
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(a) EXTENDING INCREASED FMAP.—Section 1905(ff) of the Social
Security Act (42 U.S.C. 1396d(ff)) is amended—
(1) in paragraph (2), by inserting ‘‘and for the period beginning January 1, 2022, and ending December 13, 2022’’ after
‘‘and ending December 3, 2021,’’ and
(2) in paragraph (3), by striking ‘‘March 11, 2022’’ and
inserting ‘‘December 13, 2022’’.
(b) EXTENDING ADDITIONAL INCREASE FOR PUERTO RICO.—Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is
amended by adding at the end the following new paragraph:
‘‘(10) ADDITIONAL INCREASE FOR PUERTO RICO FOR FISCAL
YEAR 2022.—
‘‘(A) IN GENERAL.—Notwithstanding the preceding
provisions of this subsection, the total amount certified
for Puerto Rico for fiscal year 2022 under this subsection
shall be increased by $200,000,000 if the Secretary certifies
that, with respect to such fiscal year, Puerto Rico’s State
plan under title XIX (or a waiver of such plan) establishes
a reimbursement floor, implemented through a directed
payment arrangement plan, for physician services that are
covered under the Medicare part B fee schedule in the
Puerto Rico locality established under section 1848(b) that
is not less than 70 percent of the payment that would
apply to such services if they were furnished under part
B of title XVIII during such fiscal year.
‘‘(B) APPLICATION TO MANAGED CARE.—In certifying
whether Puerto Rico has established a reimbursement floor
under a directed payment arrangement plan that satisfies
the requirements of subparagraph (A) for fiscal year 2022,
the Secretary shall—
‘‘(i) disregard payments made under sub-capitated
arrangements for services such as primary care case
management; and
‘‘(ii) if the reimbursement floor for physician services applicable under a managed care contract satisfies
the requirements of subparagraph (A) for the fiscal
year in which the contract is entered into or renewed,
such reimbursement floor shall be deemed to satisfy
such requirements for the subsequent fiscal year.’’.
(c) PUERTO RICO REPORT ON PROCUREMENT PROCESSES AND
STANDARDS USED FOR CONTRACTING UNDER THE MEDICAID PROGRAM.—
(1) REPORT REQUIRED.—Not later than December 1, 2022,
the agency responsible for administering Puerto Rico’s Medicaid
program under title XIX of the Social Security Act (42 U.S.C.
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1396 et seq.) shall submit to Congress a report on the procurement processes and standards used for selecting contracts under
Puerto Rico’s Medicaid program.
(2) INFORMATION IN REPORT.—The report required under
paragraph (1) shall include the following:
(A) A detailed description of the procurement processes
and standards used for selecting contracts under Puerto
Rico’s Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), for contracts in effect
as of the date of the enactment of this subsection.
(B) The number of contracts, and a description of such
contracts, for an amount greater than $150,000 as of the
date of the enactment of this subsection.
(C) Differences between the procurement processes and
standards for selecting contracts in place as of the date
of the enactment of this subsection, and the Federal
procurement standards (as described in sections 75.327,
75.328, and 75.329 of title 45, Code of Federal Regulations)
as of such date.
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SEC. 202. INCREASING STATE FLEXIBILITY WITH RESPECT TO THIRD
PARTY LIABILITY.
(a) IN GENERAL.—Section 1902(a)(25)(I) of the Social Security
Act (42 U.S.C. 1396a(a)(25)(I)) is amended—
(1) by amending clause (ii) to read as follows:
‘‘(ii)(I) accept the State’s right of recovery and the
assignment to the State of any right of an individual
or other entity to payment from the party for an item
or service for which payment has been made under
the State plan (or under a waiver of such plan); and
‘‘(II) in the case of a responsible third party (other
than the original medicare fee-for-service program
under parts A and B of title XVIII, a Medicare Advantage plan offered by a Medicare Advantage organization under part C of such title, a reasonable cost
reimbursement plan under section 1876, a health care
prepayment plan under section 1833, or a prescription
drug plan offered by a PDP sponsor under part D
of such title) that requires prior authorization for an
item or service furnished to an individual eligible to
receive medical assistance under this title, accept
authorization provided by the State that the item or
service is covered under the State plan (or waiver
of such plan) for such individual, as if such authorization were the prior authorization made by the third
party for such item or service;’’;
(2) in clause (iii)—
(A) by striking ‘‘respond to any inquiry’’ and inserting
‘‘not later than 60 days after receiving any inquiry’’; and
(B) by striking ‘‘; and’’ at the end and inserting ‘‘,
respond to such inquiry; and’’; and
(3) in clause (iv)—
(A) by striking ‘‘or a failure’’ and inserting ‘‘a failure’’;
and
(B) by inserting after ‘‘the basis of the claim’’ the
following: ‘‘, or in the case of a responsible third party
(other than the original medicare fee-for-service program
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136 STAT. 804
PUBLIC LAW 117–103—MAR. 15, 2022
under parts A and B of title XVIII, a Medicare Advantage
plan offered by a Medicare Advantage organization under
part C of such title, a reasonable cost reimbursement plan
under section 1876, a health care prepayment plan under
section 1833, or a prescription drug plan offered by a PDP
sponsor under part D of such title) a failure to obtain
a prior authorization for the item or service for which
the claim is being submitted’’;
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply beginning on
January 1, 2024.
(2) EXCEPTION IF STATE LEGISLATION REQUIRED.—In the
case of a State plan for medical assistance under title XIX
of the Social Security Act that the Secretary of Health and
Human Services determines requires State legislation (other
than legislation appropriating funds) in order for the plan to
meet the additional requirement imposed by the amendments
made under this section, the State plan shall not be regarded
as failing to comply with the requirements of such title solely
on the basis of its failure to meet this additional requirement
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session
shall be deemed to be a separate regular session of the State
legislature.
42 USC 1396a
note.
TITLE III—MEDICARE
Subtitle A—Telehealth Flexibility
Extensions
SEC. 301. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING
ORIGINATING SITES FOR TELEHEALTH SERVICES.
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Time period.
Definition.
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(a) IN GENERAL.—Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended—
(1) in paragraph (4)(C)—
(A) in clause (i), in the matter preceding subclause
(I), by inserting ‘‘clause (iii) and’’ after ‘‘Except as provided
in’’; and
(B) by adding at the end the following new clause:
‘‘(iii) EXPANDING ACCESS TO TELEHEALTH SERVICES.—With respect to telehealth services identified
in subparagraph (F)(i) as of the date of the enactment
of this clause that are furnished during the 151-day
period beginning on the first day after the end of
the
emergency
period
described
in
section
1135(g)(1)(B), the term ‘originating site’ means any
site in the United States at which the eligible telehealth individual is located at the time the service
is furnished via a telecommunications system,
including the home of an individual.’’; and
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(2) in paragraph (7)(A), by inserting ‘‘or, for the period
for which clause (iii) of paragraph (4)(C) applies, at any site
described in such clause’’ before the period at the end.
(b) NO FACILITY FEE FOR NEW SITES.—Section 1834(m)(2)(B)
of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended—
(1) in clause (i), in the matter preceding subclause (I),
by striking ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’;
and
(2) by adding at the end the following new clause:
‘‘(iii) NO FACILITY FEE FOR NEW SITES.—With
respect to telehealth services identified in paragraph
(4)(F)(i) as of the date of the enactment of this clause
that are furnished during the 151-day period beginning
on the first day after the end of the emergency period
described in section 1135(g)(1)(B), a facility fee shall
only be paid under this subparagraph to an originating
site that is described in paragraph (4)(C)(ii) (other
than subclause (X) of such paragraph).’’.
Time period.
SEC. 302. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m))
is amended—
(1) in paragraph (1), by striking ‘‘(described in section
1842(b)(18)(C))’’ and inserting ‘‘(as defined in paragraph (4)(E))’’;
and
(2) in paragraph (4)(E), by inserting ‘‘and, for the 151day period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B), shall
include a qualified occupational therapist (as such term is
used in section 1861(g)), a qualified physical therapist (as such
term is used in section 1861(p)), a qualified speech-language
pathologist (as defined in section 1861(ll)(4)(A)), and a qualified
audiologist (as defined in section 1861(ll)(4)(B))’’ after ‘‘section
1842(b)(18)(C)’’.
SEC. 303. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS.
Section 1834(m)(8) of the Social Security Act (42 U.S.C.
1395m(m)(8)) is amended—
(1) in the header, by striking ‘‘DURING EMERGENCY PERIOD’’;
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ‘‘and, during the 151-day period beginning
on the first day after the end of such emergency period’’ after
‘‘During the emergency period described in section
1135(g)(1)(B)’’; and
(3) in subparagraph (B)(i), by striking ‘‘such emergency
period’’ and inserting ‘‘the periods for which subparagraph (A)
applies’’.
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SEC. 304. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR MENTAL HEALTH SERVICES FURNISHED
THROUGH TELEHEALTH AND TELECOMMUNICATIONS
TECHNOLOGY.
(a) DELAY IN REQUIREMENTS FOR MENTAL HEALTH SERVICES
FURNISHED THROUGH TELEHEALTH.—Section 1834(m)(7)(B)(i) of the
Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in
the matter preceding subclause (I), by inserting ‘‘on or after the
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day that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))’’ after ‘‘telehealth services furnished’’.
(b) MENTAL HEALTH VISITS FURNISHED BY RURAL HEALTH
CLINICS.—Section 1834(y) of the Social Security Act (42 U.S.C.
1395m(y)) is amended—
(1) in the heading, by striking ‘‘ATTENDING PHYSICIAN’’
and inserting ‘‘CERTAIN’’;
(2) by striking ‘‘HOSPICE PATIENTS.—In the case of’’ and
inserting ‘‘HOSPICE PATIENTS.—
‘‘(1) ATTENDING PHYSICIAN SERVICES FOR HOSPICE
PATIENTS.—In the case of’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) MENTAL HEALTH VISITS FURNISHED VIA TELECOMMUNICATIONS TECHNOLOGY.—In the case of mental health visits furnished via interactive, real-time, audio and video telecommunications technology or audio-only interactions, the in-person
mental health visit requirements established under section
405.2463(b)(3) of title 42 of the Code of Federal Regulations
(or a successor regulation) shall not apply prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B)).’’.
(c) MENTAL HEALTH VISITS FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS.—Section 1834(o)(4) of the Social Security
Act (42 U.S.C. 1395m(o)(4)) is amended—
(1) in the heading, by striking ‘‘ATTENDING PHYSICIAN’’ and
inserting ‘‘CERTAIN’’;
(2) by striking ‘‘HOSPICE PATIENTS.—In the case of’’ and
inserting ‘‘HOSPICE PATIENTS.—
‘‘(A) ATTENDING PHYSICIAN SERVICES FOR HOSPICE
PATIENTS.—In the case of’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) MENTAL HEALTH VISITS FURNISHED VIA TELECOMMUNICATIONS TECHNOLOGY.—In the case of mental
health visits furnished via interactive, real-time, audio and
video telecommunications technology or audio-only interactions, the in-person mental health visit requirements
established under section 405.2463(b)(3) of title 42 of the
Code of Federal Regulations (or a successor regulation)
shall not apply prior to the day that is the 152nd day
after the end of the emergency period described in section
1135(g)(1)(B)).’’.
SEC. 305. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH SERVICES.
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Time period.
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Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m))
is amended—
(1) in paragraph (1), in the first sentence, by striking
‘‘paragraph (8)’’ and inserting ‘‘paragraphs (8) and (9)’’; and
(2) by adding at the end the following new paragraph:
‘‘(9) TREATMENT OF TELEHEALTH SERVICES FURNISHED USING
AUDIO-ONLY TELECOMMUNICATIONS TECHNOLOGY.—The Secretary shall continue to provide coverage and payment under
this part for telehealth services identified in paragraph (4)(F)(i)
as of the date of the enactment of this paragraph that are
furnished via an audio-only telecommunications system during
the 151-day period beginning on the first day after the end
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of the emergency period described in section 1135(g)(1)(B). For
purposes of the previous sentence, the term ‘telehealth service’
means a telehealth service identified as of the date of the
enactment of this paragraph by a HCPCS code (and any succeeding codes) for which the Secretary has not applied the
requirements of paragraph (1) and the first sentence of section
410.78(a)(3) of title 42, Code of Federal Regulations, during
such emergency period.’’.
SEC.
306.
Definition.
USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE
ENCOUNTER PRIOR TO RECERTIFICATION OF ELIGIBILITY
FOR HOSPICE CARE DURING EMERGENCY PERIOD.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)) is amended by inserting ‘‘, and during the 151day period beginning on the first day after the end of such emergency period’’ after ‘‘section 1135(g)(1)(B)’’.
SEC. 307. EXTENSION OF EXEMPTION FOR TELEHEALTH SERVICES.
(a) IN GENERAL.—Subparagraph (E) of section 223(c)(2) of the
Internal Revenue Code of 1986 is amended by inserting ‘‘or in
the case of months beginning after March 31, 2022, and before
January 1, 2023,’’ after ‘‘December 31, 2021,’’.
(b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended
by inserting ‘‘, or in the case of months beginning after March
31, 2022, and before January 1, 2023,’’ after ‘‘December 31, 2021’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
26 USC 223.
26 USC 223 note.
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SEC. 308. REPORTS ON TELEHEALTH UTILIZATION.
(a) MEDPAC REPORT.—
(1) STUDY.—
(A) IN GENERAL.—The Medicare Payment Advisory
Commission (in this subsection referred to as the ‘‘Commission’’) shall conduct a study on the expansions of telehealth
services (as defined in section 1834(m)(4)(F) of the Social
Security Act (42 U.S.C. 1395m(m)(4)(F)) under the Medicare program under title XVIII of such Act as a result
of the COVID-19 public health emergency described in
section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
5(g)(1)(B)) and the amendments made by sections 301
through 306 of this title.
(B) ANALYSIS.—The study under subparagraph (A)
shall include at least an analysis of each of the following:
(i) The utilization of telehealth services under the
Medicare program, which may include analysis by
service, provider type, geographic area (including analysis of the provision of telehealth services by clinicians
located in different States than the Medicare beneficiary receiving such services to the extent that reliable data are available), and beneficiary type (including
reason of entitlement and such beneficiaries who are
also enrolled under a State plan under title XIX of
the Social Security Act).
(ii) Medicare program expenditures on telehealth
services.
(iii) Medicare payment policy for telehealth services and alternative approaches to such payment policy,
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Recommendations.
Effective date.
Web posting.
Time period.
42 USC 1395m.
Recommendations.
42 USC 1395m
note.
PUBLIC LAW 117–103—MAR. 15, 2022
including for federally qualified health centers and
rural health clinics.
(iv) The implications of expanded Medicare coverage of telehealth services on beneficiary access to
care and the quality of care, to the extent reliable
data are available.
(v) Other areas determined appropriate by the
Commission.
(2) REPORT.—Not later than June 15, 2023, the Commission
shall submit to Congress a report containing the results of
the study conducted under paragraph (1), together with recommendations for legislative and administrative action as the
Commission determines appropriate.
(b) PUBLICATION OF DATA.—Beginning July 1, 2022, the Secretary of Health and Human Services shall post on the public
website of the Centers for Medicare & Medicaid Services on a
quarterly basis data with respect to Medicare claims for telemedicine services, including data on utilization and beneficiary
characteristics.
(c) OFFICE OF THE INSPECTOR GENERAL REPORT.—Not later
than June 15, 2023, the Inspector General of the Department of
Health and Human Services shall submit to Congress a report
on program integrity risks associated with Medicare telehealth
services. Such report shall include recommendations to prevent
waste, fraud, and abuse under the Medicare program as appropriate.
SEC. 309. PROGRAM INSTRUCTION AUTHORITY.
Notwithstanding any other provision of law, the Secretary of
Health and Human Services may implement the provisions of,
including amendments made by, sections 301 through 306 through
program instruction or otherwise.
Subtitle B—Additional Medicare
Provisions
SEC. 311. REVISION OF THE TIMING OF MEDPAC REPORT ON AMBULANCE COST DATA.
Section 1834(l)(17)(F)(i) of the Social Security Act (42 U.S.C.
1395m(l)(17)(F)(i)) is amended by striking ‘‘Not later than March
15, 2023, and as determined necessary by the Medicare Payment
Advisory Commission thereafter’’ and inserting ‘‘Not later than
the second June 15th following the date on which the Secretary
transmits data for the first representative sample of providers and
suppliers of ground ambulance services to the Medicare Payment
Advisory Commission, and as determined necessary by such
Commission thereafter,’’.
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SEC. 312. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended—
(1) in clause (ii), by striking ‘‘2030’’ and inserting ‘‘2031’’;
and
(2) in clause (iii), by striking ‘‘2030’’ and inserting ‘‘2031’’.
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136 STAT. 809
SEC. 313. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ‘‘$99,000,000’’ and inserting
‘‘$5,000,000’’.
TITLE IV—HUMAN SERVICES
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND RELATED PROGRAMS.
42 USC 601 note.
Activities authorized by part A of title IV (other than under
section 403(c) or 418) and section 1108(b) of the Social Security
Act shall continue through September 30, 2022, in the manner
authorized for fiscal year 2021, and out of any money in the
Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such
purpose.
DIVISION Q—CONSUMER PROTECTION
TITLE I—FRAUD AND SCAM REDUCTION
Fraud and Scam
Reduction Act.
SEC. 101. SHORT TITLE.
15 USC 58 note.
This title may be cited as the ‘‘Fraud and Scam Reduction
Act’’.
Subtitle A—Preventing Consumer Scams
Directed at Seniors
Stop Senior
Scams Act.
SEC. 111. SHORT TITLE.
15 USC 58 note.
This subtitle may be cited as the ‘‘Stop Senior Scams Act’’.
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SEC. 112. SENIOR SCAMS PREVENTION ADVISORY GROUP.
(a) ESTABLISHMENT.—There is established a Senior Scams
Prevention Advisory Group (in this subtitle referred to as the
‘‘Advisory Group’’).
(b) MEMBERS.—The Advisory Group shall be composed of stakeholders such as the following individuals or the designees of those
individuals:
(1) The Chairman of the Federal Trade Commission.
(2) The Secretary of the Treasury.
(3) The Attorney General.
(4) The Director of the Bureau of Consumer Financial
Protection.
(5) Representatives from each of the following sectors,
including trade associations, to be selected by the Federal Trade
Commission:
(A) Retail.
(B) Gift cards.
(C) Telecommunications.
(D) Wire-transfer services.
(E) Senior peer advocates.
(F) Consumer advocacy organizations with efforts
focused on preventing seniors from becoming the victims
of scams.
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15 USC 45e note.
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136 STAT. 810
PUBLIC LAW 117–103—MAR. 15, 2022
(G) Financial services, including institutions that
engage in digital currency.
(H) Prepaid cards.
(6) A member of the Board of Governors of the Federal
Reserve System.
(7) A prudential regulator, as defined in section 1002 of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
(8) The Director of the Financial Crimes Enforcement Network.
(9) Any other Federal, State, or local agency, industry
representative, consumer advocate, or entity, as determined
by the Federal Trade Commission.
(c) NO COMPENSATION FOR MEMBERS.—A member of the
Advisory Group shall serve without compensation in addition to
any compensation received for the service of the member as an
officer or employee of the United States, if applicable.
(d) DUTIES.—
(1) IN GENERAL.—The Advisory Group shall—
(A) collect information on the existence, use, and success of educational materials and programs for retailers,
financial services, and wire-transfer companies, which—
(i) may be used as a guide to educate employees
on how to identify and prevent scams that affect seniors; and
(ii) includes—
(I) useful information for retailers, financial
services, and wire transfer companies for the purpose described in clause (i);
(II) training for employees on ways to identify
and prevent senior scams;
(III) best practices for keeping employees up
to date on current scams;
(IV) the most effective signage and placement
in retail locations to warn seniors about scammers’
use of gift cards, prepaid cards, and wire transfer
services;
(V) suggestions on effective collaborative
community education campaigns;
(VI) available technology to assist in identifying possible scams at the point of sale; and
(VII) other information that would be helpful
to retailers, wire transfer companies, financial
institutions, and their employees as they work to
prevent fraud affecting seniors; and
(B) based on the findings in subparagraph (A)—
(i) identify inadequacies, omissions, or deficiencies
in those educational materials and programs for the
categories listed in subparagraph (A) and their execution in reaching employees to protect older adults;
and
(ii) create model materials, best practices guidance,
or recommendations to fill those inadequacies, omissions, or deficiencies that may be used by industry
and others to help protect older adults from scams.
(2) ENCOURAGED USE.—The Chairman of the Federal Trade
Commission shall—
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136 STAT. 811
(A) make the materials or guidance created by the
Federal Trade Commission described in paragraph (1) publicly available; and
(B) encourage the use and distribution of the materials
created under this subsection to prevent scams affecting
seniors by governmental agencies and the private sector.
(e) REPORTS.—Section 101(c)(2) of the Elder Abuse Prevention
and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended—
(1) in subparagraph (A)(iv), by striking the period at the
end and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) with respect to the report by the Federal Trade
Commission, in relevant years, including information on—
‘‘(i) the newly created materials, guidance, or recommendations of the Senior Scams Prevention
Advisory Group established under section 112 of the
Stop Senior Scams Act and any relevant views or
considerations made by members of the Advisory Group
that were not included in the Advisory Group’s model
materials or considered an official recommendation by
the Advisory Group;
‘‘(ii) the Senior Scams Prevention Advisory Group’s
findings about senior scams and industry educational
materials and programs; and
‘‘(iii) any recommendations on ways stakeholders
can continue to work together to reduce scams affecting
seniors.’’.
(f) TERMINATION.—This subtitle, and the amendments made
by this subtitle, ceases to be effective on the date that is 5 years
after the date of enactment of this Act.
Subtitle B—Senior Fraud Advisory Office
Public
information.
34 USC 21711
note.
Seniors Fraud
Prevention
Act of 2022.
15 USC 58 note.
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ‘‘Seniors Fraud Prevention
Act of 2022’’.
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SEC. 122. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS.
(a) ESTABLISHMENT OF ADVISORY OFFICE.—The Federal Trade
Commission (in this section referred to as the ‘‘Commission’’) shall
establish an office within the Bureau of Consumer Protection for
the purpose of advising the Commission on the prevention of fraud
targeting seniors and to assist the Commission with the following:
(1) OVERSIGHT.—The advisory office shall monitor the
market for mail, television, internet, telemarketing, and
recorded message telephone call (in this section referred to
as ‘‘robocall’’) fraud targeting seniors and shall coordinate with
other relevant agencies regarding the requirements of this section.
(2) CONSUMER EDUCATION.—The Commission, through the
advisory office and in consultation with the Attorney General,
the Secretary of Health and Human Services, the Postmaster
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15 USC 45e.
Coordination.
Consultation.
PUBL103
136 STAT. 812
General, the Chief Postal Inspector for the United States Postal
Inspection Service, and other relevant agencies, shall—
(A) disseminate to seniors and families and caregivers
of seniors general information on mail, television, internet,
telemarketing, and robocall fraud targeting seniors,
including descriptions of the most common fraud schemes;
(B) disseminate to seniors and families and caregivers
of seniors information on reporting complaints of fraud
targeting seniors either to the national toll-free telephone
number established by the Commission for reporting such
complaints, or to the Consumer Sentinel Network, operated
by the Commission, where such complaints will become
immediately available to appropriate law enforcement
agencies, including the Federal Bureau of Investigation
and the attorneys general of the States;
(C) in response to a specific request about a particular
entity or individual, provide publicly available information
of any enforcement action taken by the Commission for
mail, television, internet, telemarketing, and robocall fraud
against such entity; and
(D) maintain a website to serve as a resource for
information for seniors and families and caregivers of seniors regarding mail, television, internet, telemarketing,
robocall, and other identified fraud targeting seniors.
(3) COMPLAINTS.—The Commission, through the advisory
office and in consultation with the Attorney General, shall
establish procedures to—
(A) log and acknowledge the receipt of complaints by
individuals who believe they have been a victim of mail,
television, internet, telemarketing, and robocall fraud in
the Consumer Sentinel Network, and shall make those
complaints immediately available to Federal, State, and
local law enforcement authorities; and
(B) provide to individuals described in subparagraph
(A), and to any other persons, specific and general information on mail, television, internet, telemarketing, and
robocall fraud, including descriptions of the most common
schemes using such methods of communication.
(b) COMMENCEMENT.—The Commission shall commence carrying out the requirements of this section not later than 1 year
after the date of enactment of this Act.
(c) USE OF EXISTING FUNDS.—No additional funds are authorized to be appropriated to carry out this section and the Commission
shall carry out this section using amounts otherwise made available
to the Commission.
Website.
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Consultation.
Procedures.
Nicholas and
Zachary Burt
Memorial Carbon
Monoxide
Poisoning
Prevention Act
of 2022.
15 USC 2051
note.
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TITLE II—NICHOLAS AND ZACHARY
BURT MEMORIAL CARBON MONOXIDE
POISONING PREVENTION ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Nicholas and Zachary Burt
Memorial Carbon Monoxide Poisoning Prevention Act of 2022’’.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 813
SEC. 202. FINDINGS AND SENSE OF CONGRESS.
(a) FINDINGS.—Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced
by burning any fuel. Exposure to unhealthy levels of carbon
monoxide can lead to carbon monoxide poisoning, a serious
health condition that could result in death.
(2) Unintentional carbon monoxide poisoning from motor
vehicles and improper operation of fuel-burning appliances,
such as furnaces, water heaters, portable generators, and
stoves, annually kills more than 400 individuals and sends
approximately 15,000 individuals to hospital emergency rooms
for treatment.
(3) Research shows that installing carbon monoxide alarms
close to the sleeping areas in residential homes and other
dwelling units can help avoid fatalities.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
Congress should promote the installation of carbon monoxide alarms
in residential homes and dwelling units across the United States
in order to promote the health and public safety of citizens throughout the United States.
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SEC. 203. DEFINITIONS.
In this title:
(1) CARBON MONOXIDE ALARM.—The term ‘‘carbon monoxide
alarm’’ means a device or system that—
(A) detects carbon monoxide; and
(B) is intended to sound an alarm at a carbon monoxide
concentration below a concentration that could cause a
loss of the ability to react to the dangers of carbon monoxide
exposure.
(2) COMMISSION.—The term ‘‘Commission’’ means the Consumer Product Safety Commission.
(3) COMPLIANT CARBON MONOXIDE ALARM.—The term
‘‘compliant carbon monoxide alarm’’ means a carbon monoxide
alarm that complies with the most current version of—
(A) the Standard for Single and Multiple Station
Carbon Monoxide Alarms of the American National Standards Institute and UL (ANSI/UL 2034), or any successor
standard; and
(B) the Standard for Gas and Vapor Detectors and
Sensors of the American National Standards Institute and
UL (ANSI/UL 2075), or any successor standard.
(4) DWELLING UNIT.—The term ‘‘dwelling unit’’—
(A) means a room or suite of rooms used for human
habitation; and
(B) includes—
(i) a single family residence;
(ii) each living unit of a multiple family residence,
including an apartment building; and
(iii) each living unit in a mixed use building.
(5) FIRE CODE ENFORCEMENT OFFICIALS.—The term ‘‘fire
code enforcement officials’’ means officials of the fire safety
code enforcement agency of a State or local government or
a Tribal organization.
(6) INTERNATIONAL FIRE CODE.—The term ‘‘IFC’’ means—
(A) the 2015 or 2018 edition of the International Fire
Code published by the International Code Council; or
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15 USC 2090
note.
15 USC 2090
note.
PUBL103
136 STAT. 814
PUBLIC LAW 117–103—MAR. 15, 2022
(B) any amended or similar successor code pertaining
to the proper installation of carbon monoxide alarms in
dwelling units.
(7) INTERNATIONAL RESIDENTIAL CODE.—The term ‘‘IRC’’
means—
(A) the 2015 or 2018 edition of the International Residential Code published by the International Code Council;
or
(B) any amended or similar successor code pertaining
to the proper installation of carbon monoxide alarms in
dwelling units.
(8) NFPA 720.—The term ‘‘NFPA 720’’ means—
(A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the
National Fire Protection Association in 2012; and
(B) any amended or similar successor standard relating
to the proper installation of carbon monoxide alarms in
dwelling units.
(9) STATE.—The term ‘‘State’’—
(A) has the meaning given the term in section 3(a)
of the Consumer Product Safety Act (15 U.S.C. 2052(a));
and
(B) includes—
(i) the Commonwealth of the Northern Mariana
Islands; and
(ii) any political subdivision of a State.
(10) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’
has the meaning given the term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304(l)).
SEC. 204. GRANT PROGRAM FOR CARBON MONOXIDE POISONING
PREVENTION.
15 USC 2090.
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Application.
Determination.
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(a) IN GENERAL.—Subject to the availability of appropriations
authorized under subsection (f), the Commission shall establish
a grant program to provide assistance to States and Tribal organizations that are eligible under subsection (b) to carry out the carbon
monoxide poisoning prevention activities described in subsection
(e).
(b) ELIGIBILITY.—For the purposes of this section, an eligible
State or Tribal organization is any State or Tribal organization
that—
(1) demonstrates to the satisfaction of the Commission
that the State or Tribal organization has adopted a statute
or a rule, regulation, or similar measure with the force and
effect of law, requiring compliant carbon monoxide alarms to
be installed in dwelling units in accordance with NFPA 72,
the IFC, or the IRC; and
(2) submits an application—
(A) to the Commission at such time, in such form,
and containing such additional information as the Commission may require; and
(B) that may be filed on behalf of the State or Tribal
organization by the fire safety code enforcement agency
of that State or Tribal organization.
(c) GRANT AMOUNT.—The Commission shall determine the
amount of each grant awarded under this section.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 815
(d) SELECTION OF GRANT RECIPIENTS.—In selecting eligible
States and Tribal organizations for the award of grants under
this section, the Commission shall give favorable consideration to
an eligible State or Tribal organization that demonstrates a reasonable need for funding under this section and that—
(1) requires the installation of one or more compliant carbon
monoxide alarms in a new or existing educational facility,
childcare facility, health care facility, adult dependent care
facility, government building, restaurant, theater, lodging
establishment, or dwelling unit—
(A) within which a fuel-burning appliance, including
a furnace, boiler, water heater, fireplace, or any other
apparatus, appliance, or device that burns fuel, is installed;
or
(B) that has an attached garage; and
(2) has developed a strategy to protect vulnerable populations, such as children, the elderly, or low-income households,
from exposure to unhealthy levels of carbon monoxide.
(e) USE OF GRANT FUNDS.—
(1) IN GENERAL.—Subject to paragraph (2), an eligible State
or Tribal organization to which a grant is awarded under this
section may use the grant—
(A) to purchase and install compliant carbon monoxide
alarms in the dwelling units of low-income families or
elderly individuals, facilities that commonly serve children
or the elderly (including childcare facilities, public schools,
and senior centers);
(B) for the development and dissemination of training
materials, instructors, and any other costs relating to the
training sessions authorized under this subsection; or
(C) to educate the public about—
(i) the risk associated with carbon monoxide as
a poison; and
(ii) the importance of proper carbon monoxide
alarm use.
(2) LIMITATIONS.—
(A) ADMINISTRATIVE COSTS.—An eligible State or Tribal
organization to which a grant is awarded under this section
may use not more than 5 percent of the grant amount
to cover administrative costs that are not directly related
to training described in paragraph (1)(B).
(B) PUBLIC OUTREACH.—An eligible State or Tribal
organization to which a grant is awarded under this section
may use not more than 25 percent of the grant amount
to cover the costs of activities described in paragraph (1)(C).
(C) STATE CONTRIBUTIONS.—An eligible State to which
a grant is awarded under this section shall, with respect
to the costs incurred by the State in carrying out activities
under the grant, provide non-Federal contributions in an
amount equal to not less than 25 percent of the amount
of Federal funds provided under the grant to administer
the program. This subparagraph shall not apply to Tribal
organizations.
(f) FUNDING.—
(1) IN GENERAL.—The Commission shall carry out this title
using amounts appropriated to the Commission for each of
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Time period.
PUBL103
136 STAT. 816
fiscal years 2022 through 2026, to extent such funds are available.
(2) LIMITATION ON ADMINISTRATIVE EXPENSES.—In a fiscal
year, not more than 10 percent of the amounts appropriated
or otherwise made available to carry out this title may be
used for administrative expenses.
(g) REPORT.—Not later than 1 year after the last day of each
fiscal year in which grants are awarded under this section, the
Commission shall submit to Congress a report that evaluates the
implementation of the grant program required under this section.
Evaluation.
United States
Anti-Doping
Agency
Reauthorization
Act of 2022.
21 USC 2001
note.
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21 USC 2001
note.
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PUBLIC LAW 117–103—MAR. 15, 2022
TITLE III—UNITED STATES ANTIDOPING AGENCY REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘United States Anti-Doping
Agency Reauthorization Act of 2022’’.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) The United States Anti-Doping Agency—
(A) is the independent national anti-doping organization of the United States; and
(B) manages the anti-doping program, results management processes, drug reference resources, and athlete education for all United States Olympic Committee-recognized
national governing bodies and the athletes and events of
such national governing bodies.
(2) The United States Anti-Doping Agency contributes to
the advancement of clean sport through scientific research,
anti-doping education, and outreach programs, and the mission
of the United States Anti-Doping Agency is to preserve the
integrity of competition and protect the rights of athletes.
(3) Participation in youth sports has the potential to equip
young athletes with important skills and values necessary for
success in life, and it is essential that the culture of youth
sports emphasizes such skills and values.
(4) The TrueSport program of the United States AntiDoping Agency partners with youth sport organizations across
the United States to promote sportsmanship, character
building, and healthy performance through the use of targeted
educational materials designed to promote a positive youth
sport experience.
(5) In modifying the authority of the United States AntiDoping Agency to include the promotion of the positive values
of youth sport, Congress sends a strong signal that the goals
of youth sport should include instilling in young athletes the
values of integrity, respect, teamwork, courage, and responsibility.
(6) Due to the unique leadership position of the United
States in the global community, adequate funding of the antidoping and clean sport programs of the United States AntiDoping Agency is imperative to the preparation for the 2028
Summer Olympic Games, which will be held in Los Angeles,
California.
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136 STAT. 817
(7) Increased appropriations for fiscal years 2023 through
2031 would enable the United States Anti-Doping Agency to
directly affect the integrity and well-being of sport, both domestically and internationally.
SEC. 303. MODIFICATIONS OF AUTHORITY.
Section 701 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 2001) is amended—
(1) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1)(A) serve as the independent anti-doping organization
for the amateur athletic competitions recognized by the United
States Olympic and Paralympic Committee;
‘‘(B) be responsible for certifying in advance any testing
conducted by international organizations under the World AntiDoping Code for international amateur athletes and athletic
competitions occurring within the jurisdiction of the United
States; and
‘‘(C) be recognized worldwide as the independent national
anti-doping organization for the United States;’’;
(B) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) promote a positive youth sport experience by using
a portion of the funding of the United States Anti-Doping
Agency to provide educational materials on sportsmanship,
character building, and healthy performance for the athletes,
parents, and coaches who participate in youth sports.’’; and
(2) by adding at the end the following:
‘‘(c) DUE PROCESS IN ARBITRATION PROCEEDINGS.—Any action
taken by the United States Anti-Doping Agency to enforce a policy,
procedure, or requirement of the United States Anti-Doping Agency
against a person with respect to a violation of Federal law, including
an investigation, a disciplinary action, a sanction, or any other
administrative action, shall be carried out in a manner that provides
due process protection to the person.’’.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 703 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read
as follows:
‘‘SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the United States
Anti-Doping Agency—
‘‘(1) for fiscal year 2023, $15,500,000;
‘‘(2) for fiscal year 2024, $16,200,000;
‘‘(3) for fiscal year 2025, $16,900,000;
‘‘(4) for fiscal year 2026, $17,700,000;
‘‘(5) for fiscal year 2027, $18,500,000;
‘‘(6) for fiscal year 2028, $19,800,000;
‘‘(7) for fiscal year 2029, $22,100,000;
‘‘(8) for fiscal year 2030, $24,900,000; and
‘‘(9) for fiscal year 2031, $23,700,000.’’.
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SEC. 305. INFORMATION SHARING.
21 USC 2004.
Except as otherwise prohibited by law and except in cases
in which the integrity of a criminal investigation would be affected,
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136 STAT. 818
PUBLIC LAW 117–103—MAR. 15, 2022
pursuant to the obligation of the United States under Article 7
of the United Nations Educational, Scientific, and Cultural
Organization International Convention Against Doping in Sport
done at Paris October 19, 2005, and ratified by the United States
in 2008, the Attorney General, the Secretary of Homeland Security,
and the Commissioner of Food and Drugs shall provide to the
United States Anti-Doping Agency any relevant information relating
to the prevention of the use of performance-enhancing drugs or
the prohibition of performance-enhancing methods.
Protecting
Indian Tribes
from Scams Act.
TITLE IV—PROTECTING INDIAN TRIBES
FROM SCAMS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Protecting Indian Tribes from
Scams Act’’.
SEC. 402. PROTECTING INDIAN TRIBES FROM UNFAIR OR DECEPTIVE
ACTS OR PRACTICES.
Consultation.
Web posting.
Summary.
Recommendations.
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Deadline.
Update.
Website.
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(a) FTC REPORT ON UNFAIR OR DECEPTIVE ACTS OR PRACTICES
TARGETING INDIAN TRIBES.—Not later than 1 year after the date
of enactment of this Act, and after consultation with Indian Tribes,
the Commission shall make publicly available on the website of
the Commission and submit to the Committee on Energy and Commerce and the Committee on Natural Resources of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Indian Affairs of the Senate
a report on unfair or deceptive acts or practices targeted at Indian
Tribes or members of Indian Tribes, including—
(1) a description of the types of unfair or deceptive acts
or practices identified by the Commission as being targeted
at Indian Tribes or members of Indian Tribes;
(2) a description of the consumer education activities of
the Commission with respect to such acts or practices;
(3) a description of the efforts of the Commission to collaborate with Indian Tribes to prevent such acts or practices or
to pursue persons using such acts or practices;
(4) a summary of the enforcement actions taken by the
Commission related to such acts or practices; and
(5) any recommendations for legislation to prevent such
acts or practices.
(b) INCREASING AWARENESS OF UNFAIR OR DECEPTIVE ACTS
OR PRACTICES TARGETING INDIAN TRIBES.—Not later than 6 months
after the date of the submission of the report required by subsection
(a), the Commission shall update the website of the Commission
to include information for consumers and businesses on identifying
and avoiding unfair or deceptive acts or practices targeted at Indian
Tribes or members of Indian Tribes.
(c) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission.
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
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PUBL103
PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 819
DIVISION R—FAFSA SIMPLIFICATION
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘FAFSA Simplification Act
Technical Corrections Act’’.
FAFSA
Simplification
Act Technical
Corrections Act.
20 USC 1001
note.
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SEC. 102. EXTENDING THE IMPLEMENTATION TIMELINE OF FAFSA SIMPLIFICATION ACT BY ONE YEAR.
(a) AMENDMENTS TO THE FAFSA SIMPLIFICATION ACT.—The
FAFSA Simplification Act (title VII of division FF of Public Law
116–260) is amended in section 701(b)—
(1) by striking ‘‘July 1, 2023’’ both places the term appears
and inserting ‘‘July 1, 2024’’; and
(2) by striking ‘‘award year 2023–2024’’ and inserting
‘‘award year 2024–2025’’.
(b) AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.—
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as
amended by the FAFSA Simplification Act (title VII of division
FF of Public Law 116–260), is amended—
(1) in section 401(b)—
(A) in paragraph (5)(A), by striking ‘‘award year 2023–
2024’’ and inserting ‘‘award year 2024–2025’’;
(B) in paragraph (6)(A)—
(i) in clause (i), by striking ‘‘fiscal year 2023’’ and
inserting ‘‘fiscal year 2024’’; and
(ii) in clause (ii), by striking ‘‘fiscal years 2023
through 2033’’ and inserting ‘‘fiscal years 2024 through
2034’’;
(C) in paragraph (7)(B)(i), by striking ‘‘or 2022’’ and
inserting ‘‘2022, or 2023’’; and
(D) in paragraph (8)(A), by striking ‘‘fiscal year 2033’’
and inserting ‘‘fiscal year 2034’’;
(2) in section 471, by striking ‘‘award year 2023–2024’’
and inserting ‘‘award year 2024–2025’’;
(3) in section 479(a), by striking ‘‘July 1, 2023’’ and
inserting ‘‘July 1, 2024’’;
(4) in section 483, by striking ‘‘award year 2023–2024’’
each place the term appears and inserting ‘‘award year 2024–
2025’’; and
(5) in section 485E(b)(2)(B), by striking ‘‘award year 2023–
2024’’ and inserting ‘‘award year 2024–2025’’.
(c) ON-TIME EFFECTIVE DATE PERMITTED.—
(1) IN GENERAL.—Notwithstanding section 701(b) of the
FAFSA Simplification Act (title VII of division FF of Public
Law 116–260), as amended by this division, the Secretary of
Education—
(A) may implement on or after July 1, 2023, but not
later than, July 1, 2024, the amendments made by—
(i) section 702(b) of the FAFSA Simplification Act
regarding cost of attendance;
(ii) section 702(i) of such Act regarding discretion
of student financial aid administrators;
(iii) section 702(l) of such Act regarding special
rules for independent students and definitions; and
(iv) section 703 of such Act regarding only the
period of eligibility for grants under subsection (d)
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20 USC 1001
note.
20 USC 1070a.
20 USC 1087kk.
20 USC 1087ss.
20 USC 1090.
20 USC 1092f.
20 USC 1070a
note.
Deadline.
PUBL103
136 STAT. 820
PUBLIC LAW 117–103—MAR. 15, 2022
of section 401 of the Higher Education Act of 1965,
as amended by the FAFSA Simplification Act; and
(B) shall specify in a designation on what date and
for which award years the implementation of amendments
described in subparagraph (A) are effective on or after
July 1, 2023, and prior to July 1, 2024, and shall publish
any designation under this paragraph in the Federal Register not less than 60 days before implementation.
(2) STUDENT AID INDEX AS EXPECTED FAMILY CONTRIBUTION.—For
purposes of implementing the amendments
described in paragraph (1)(A) before July 1, 2024, the term
‘‘student aid index’’ as it appears in such amendments to the
Higher Education Act of 1965 shall mean ‘‘expected family
contribution’’, as calculated under part F of title IV of the
Higher Education Act of 1965, as in effect on the date of
the implementation.
Time periods.
Federal Register,
publication.
Deadline.
Definition.
SEC. 103. TECHNICAL CORRECTIONS TO THE FAFSA SIMPLIFICATION
ACT.
20 USC 1087ll.
20 USC
1087uu–2.
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20 USC 1070a.
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(a) COST OF ATTENDANCE.—Section 472(a)(13) of the Higher
Education Act of 1965, as amended by section 702(b) of the FAFSA
Simplification Act (title VII of division FF of Public Law 116–
260), is amended by inserting ‘‘, or the average cost of any such
fee or premium, as applicable’’ after ‘‘on such loan’’.
(b) SPECIAL RULES FOR INDEPENDENT STUDENTS.—Section 479D
of the Higher Education Act of 1965, as added by section 702(l)(1)
of the FAFSA Simplification Act (title VII of division FF of Public
Law 116–260), is amended—
(1) in subsection (a)(1)(D), by inserting ‘‘the same or’’ before
‘‘a prior award’’;
(2) in subsection (b)(5), by inserting ‘‘the same or’’ before
‘‘a prior award’’; and
(3) in subsection (d)(2)—
(A) by inserting ‘‘this section, or paragraph (2), (8),
or (9) of section 480(d),’’ after ‘‘pursuant to section 479A(c),’’;
and
(B) by striking ‘‘under such paragraph in the same
award year’’ and inserting ‘‘under such provisions in the
same or a prior award year’’.
(c) IRAQ AND AFGHANISTAN SERVICE GRANT AND CHILDREN OF
FALLEN HEROES GRANT.—Part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), as amended by section 703
of the FAFSA Simplification Act (title VII of division FF of Public
Law 116–260), is amended—
(1) in section 401(c)—
(A) in paragraph (2)—
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and (C)
as subparagraphs (A) and (B), respectively;
(B) in paragraph (3)(A), by striking ‘‘(2)(B)(i)’’ and
inserting ‘‘(2)(A)(i)’’;
(C) by redesignating paragraph (5) as paragraph (7);
and
(D) by inserting after paragraph (4) the following:
‘‘(5) PREVENTION OF DOUBLE BENEFITS.—No eligible student
described in paragraph (2) may concurrently receive a grant
under both this subsection and subsection (b).
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 821
‘‘(6) TERMS AND CONDITIONS.—The Secretary shall award
grants under this subsection in the same manner and with
the same terms and conditions, including the length of the
period of eligibility, as the Secretary awards Federal Pell
Grants under subsection (b), except that—
‘‘(A) the award rules and determination of need
applicable to the calculation of Federal Pell Grants under
subsection (b)(1) shall not apply to grants made under
this subsection; and
‘‘(B) the maximum period determined under subsection
(d)(5) shall be determined by including all grants made
under this section received by the eligible student and
all grants so received under subpart 10 before the effective
date of this subsection.’’; and
(2) by striking section 420R (20 U.S.C. 1070h).
(d) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall take effect as if included in the FAFSA
Simplification Act (title VII of division FF of Public Law 116–
260) and subject to the effective date of section 701(b) of such
Act, as amended by this division (including the authorization provided under section 102(c)(1)(A)).
Grants.
Determination.
20 USC 1070a
note.
SEC. 104. CONFORMING CHANGES TO PUBLIC HEALTH SERVICE ACT
LOANS.
Title VII of the Public Health Service Act is amended—
(1) in section 705(a)(1) of such Act (42 U.S.C. 292d(a)(1))—
(A) in subparagraph (A)—
(i) in clause (iii), by adding ‘‘and’’ after the semicolon;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv); and
(B) in subparagraph (B)—
(i) in clause (ii), by adding ‘‘and’’ after the semicolon;
(ii) in clause (iii), by striking ‘‘; and’’ and inserting
a semicolon; and
(iii) by striking clause (iv); and
(2) in section 722(b) of such Act (42 U.S.C. 292r(b))—
(A) in paragraph (1), by striking ‘‘; and’’ and inserting
a period;
(B) by striking paragraph (2); and
(C) by striking ‘‘to a student—’’ and all that follows
through ‘‘who is in need’’ and inserting ‘‘to a student who
is in need’’.
DIVISION S—VETERANS MATTERS
TITLE I—RAISE ACT
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SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Department of Veterans Affairs
Nurse and Physician Assistant Retention and Income Security
Enhancement Act’’ or the ‘‘VA Nurse and Physician Assistant
RAISE Act’’.
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Department of
Veterans Affairs
Nurse and
Physician
Assistant
Retention
and Income
Security
Enhancement
Act.
38 USC 101 note.
PUBL103
136 STAT. 822
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 102. PAY FOR NURSES AND CERTAIN OTHER MEDICAL POSITIONS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) MAXIMUM RATE OF BASIC PAY.—Section 7451 of title 38,
United States Code, is amended—
(1) in subsection (a)(2)(C), by striking ‘‘and physician assistant’’ and inserting ‘‘physician assistant, and podiatrist’’; and
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2)(A) The maximum rate of basic pay for any grade for a
covered position may not exceed—
‘‘(i) in the case of an advanced practice nurse, the maximum
rate of basic pay established for positions in level I of the
Executive Schedule under section 5312 of title 5;
‘‘(ii) in the case of a physician assistant, the maximum
rate of basic pay established for positions in level I of the
Executive Schedule under section 5312 of title 5;
‘‘(iii) in the case of a registered nurse, the maximum rate
of basic pay established for positions in level II of the Executive
Schedule under section 5313 of title 5; and
‘‘(iv) in the case of any other covered position, the maximum
rate of basic pay established for positions in level IV of the
Executive Schedule under section 5315 of title 5.
‘‘(B) The maximum rate of basic pay for a grade for the position
of certified registered nurse anesthetist pursuant to an adjustment
under subsection (d) may exceed the maximum rate otherwise provided in subparagraph (A).’’.
(b) REGISTERED NURSES AND PHYSICIAN ASSISTANTS SERVING
IN MANAGEMENT POSITIONS.—Section 7404 of such title is
amended—
(1) in subsection (a)(2)—
(A) by striking ‘‘The pay of physicians’’ and inserting
‘‘(A) The pay of physicians’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) The basic pay of registered nurses and physician assistants
serving in positions to which an Executive order applies under
paragraph (1) may be determined under subchapter IV of this
chapter instead of such Executive order. Such positions shall not
otherwise be covered by such subchapter, except with respect to
bonuses under section 7452 or 7458 or special pay under subsection
(g) of such section 7452.’’; and
(2) in subsection (e)—
(A) by inserting ‘‘basic pay’’ after ‘‘paid’’; and
(B) by striking ‘‘rate established for the Senior Executive Service under section 5382 of title 5’’ and inserting
‘‘rates established under subchapter IV of this chapter’’.
TITLE II—OUTDOOR INDUSTRY
VETERANS CAREERS GAO STUDY
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SEC. 201. OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY.
(a) STUDY REQUIRED.—The Comptroller General of the United
States shall conduct a study on the use by veterans of educational
assistance provided under laws administered by the Secretary of
Veterans Affairs to pursue careers in outdoor recreation.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 823
(b) ELEMENTS.—The study required by subsection (a) shall
include the following:
(1) Identification of opportunities for veterans to use educational assistance provided under laws administered by the
Secretary of Veterans Affairs to pursue careers in outdoor recreation in the private sector and in the public sector.
(2) Identification of any difficulties with using the educational assistance provided under laws administered by the
Secretary to veterans to pursue careers in outdoor recreation
in the private and public sector, including trained, apprentice,
assistant, and certified guides.
(3) Assessment of the availability of opportunities for
careers in outdoor recreation at the following:
(A) The Department of Agriculture.
(B) The Department of the Interior.
(C) The Army Corps of Engineers.
(D) The National Oceanic and Atmospheric Administration.
(4) Identification of any challenges veterans may have pursuing careers in outdoor recreation at the agencies list under
paragraph (3).
(5) Identification of options to increase opportunities for
veterans to pursue careers in outdoor recreation at the agencies
listed under paragraph (3).
(c) STAKEHOLDER PERSPECTIVES.—In conducting the study
required by subsection (a), the Comptroller General shall obtain
the perspectives of the outdoor recreation industry, veterans groups
focusing on the outdoors, nongovernmental organizations, and other
interested stakeholders.
(d) BRIEFING AND REPORT.—
(1) BRIEFING.—Not later than 240 days after the date of
the enactment of this Act, the Comptroller General shall provide
the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives
a briefing on the study required by subsection (a).
(2) REPORT.—After providing the briefing required by paragraph (1), the Comptroller General shall submit to the committees described in such paragraph a report on the findings
of the Comptroller General with respect to the study completed
under subsection (a).
(e) OUTDOOR RECREATION DEFINED.—In this section, the term
‘‘outdoor recreation’’ means recreational activities undertaken for
pleasure that—
(1) generally involve some level of intentional physical exertion; and
(2) occur in nature-based environments outdoors.
DIVISION T—CREDIT UNION
GOVERNANCE MODERNIZATION ACT
Credit Union
Governance
Modernization
Act of 2022.
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SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Credit Union Governance
Modernization Act of 2022’’.
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Assessment.
12 USC 1751
note.
PUBL103
136 STAT. 824
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 102. EXPULSION OF FEDERAL CREDIT UNION MEMBERS FOR
CAUSE.
Regulation.
Deadline.
Time period.
Records.
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Time period.
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Section 118 of the Federal Credit Union Act (12 U.S.C. 1764)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b) and (c)’’; and
(B) by striking ‘‘him’’ and inserting ‘‘to the member’’
;
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
‘‘(c) EXPULSION FOR CAUSE.—
‘‘(1) IN GENERAL.—Except as provided in subsections (a)
and (b) of this section, a member may be expelled for cause
by a two-thirds vote of a quorum of the directors of the Federal
credit union pursuant to a policy which the National Credit
Union Administration Board shall adopt, pursuant to a rulemaking, not later than the end of the 18-month period following
the date of enactment of the Credit Union Governance Modernization Act of 2022.
‘‘(2) DISTRIBUTION OF POLICY TO MEMBERS.—A Federal
credit union may not expel a member pursuant to this subsection unless the Federal credit union has provided, in written
or electronic form, a copy of the policy adopted by the National
Credit Union Administration Board under paragraph (1) to
each member of the Federal credit union.
‘‘(3) PROCEDURES.—
‘‘(A) NOTIFICATION OF PENDING EXPULSION.—If a
member will, subject to the policy adopted under paragraph
(1), be subject to expulsion, the member shall be notified
in advance of the expulsion, along with the reason for
such expulsion. Such notice shall be provided in person,
by mail to the member’s address, or, if the member has
elected to receive electronic communications from the Federal credit union, may be provided electronically.
‘‘(B) RIGHT TO A HEARING.—
‘‘(i) IN GENERAL.—A member shall have 60 days
from the date of receipt of a notification under subparagraph (A) to request a hearing from the board of directors of the Federal credit union.
‘‘(ii) EXPULSION IF NO HEARING.—If a member does
not request a hearing during the 60-day period
described under clause (i), the member shall be
expelled after the end of the 60-day period.
‘‘(C) HEARING; VOTE ON EXPULSION.—If a member
requests a hearing during the 60-day period described
under subparagraph (B)(i)—
‘‘(i) the board of directors of the Federal credit
union shall provide the member with a hearing; and
‘‘(ii) after such hearing, the board of directors of
the Federal credit union shall hold a vote in a timely
manner on expelling the member.
‘‘(D) NOTICE OF EXPULSION.—If a member is expelled
under subparagraph (B)(ii) or (C)(ii), notice of the expulsion
of the member shall be provided to the member in person,
by mail to the member’s address, in written form or, if
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 825
the member has elected to receive electronic communications from the Federal credit union, may be provided electronically.
‘‘(4) REINSTATEMENT.—
‘‘(A) IN GENERAL.—A member expelled under this subsection—
‘‘(i) shall be given an opportunity to request
reinstatement of membership; and
‘‘(ii) may be reinstated by either—
‘‘(I) a majority vote of a quorum of the directors
of the Federal credit union; or
‘‘(II) a majority vote of the members of the
Federal credit union present at a meeting.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require that an expelled member
be allowed to attend the meeting described in subparagraph
(A)(ii) in person.
‘‘(5) CAUSE DEFINED.—In this subsection, the term ‘cause’
means—
‘‘(A) a substantial or repeated violation of the membership agreement of the Federal credit union;
‘‘(B) a substantial or repeated disruption, including
dangerous or abusive behavior (as defined by the National
Credit Union Administration Board pursuant to a rulemaking), to the operations of a Federal credit union; or
‘‘(C) fraud, attempted fraud, or other illegal conduct
that a member has been convicted of in relation to the
Federal credit union, including the Federal credit union’s
employees conducting business on behalf of the Federal
credit union.’’;
(4) in subsection (d), as so redesignated—
(A) by striking ‘‘either subsection (a) or (b)’’ and
inserting ‘‘subsection (a), (b), or (c)’’; and
(B) by striking ‘‘him’’ and inserting ‘‘the member’’; and
(5) by adding at the end the following:
‘‘(e) NO AUTHORITY TO EXPEL CLASSES OF MEMBERS.—An expulsion of a member pursuant to this section shall be done individually,
on a case-by-case basis, and neither the Board nor any Federal
credit union may expel a class of members.’’.
DIVISION U—ADJUSTABLE INTEREST
RATE (LIBOR) ACT
Adjustable
Interest Rate
(LIBOR) Act.
Contracts.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Adjustable Interest Rate
(LIBOR) Act’’.
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SEC. 102. FINDINGS AND PURPOSE.
12 USC 5801
note.
12 USC 5801.
(a) FINDINGS.—Congress finds that—
(1) LIBOR is used as a benchmark rate in more than
$200,000,000,000,000 worth of contracts worldwide;
(2) a significant number of existing contracts that reference
LIBOR do not provide for the use of a clearly defined or practicable replacement benchmark rate when LIBOR is discontinued; and
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PUBL103
136 STAT. 826
PUBLIC LAW 117–103—MAR. 15, 2022
(3) the cessation or nonrepresentativeness of LIBOR could
result in disruptive litigation related to existing contracts that
do not provide for the use of a clearly defined or practicable
replacement benchmark rate.
(b) PURPOSE.—It is the purpose of this division—
(1) to establish a clear and uniform process, on a nationwide
basis, for replacing LIBOR in existing contracts the terms of
which do not provide for the use of a clearly defined or practicable replacement benchmark rate, without affecting the
ability of parties to use any appropriate benchmark rate in
new contracts;
(2) to preclude litigation related to existing contracts the
terms of which do not provide for the use of a clearly defined
or practicable replacement benchmark rate;
(3) to allow existing contracts that reference LIBOR but
provide for the use of a clearly defined and practicable replacement rate, to operate according to their terms; and
(4) to address LIBOR references in Federal law.
SEC. 103. DEFINITIONS.
12 USC 5802.
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Determination.
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In this division:
(1) BENCHMARK.—The term ‘‘benchmark’’ means an index
of interest rates or dividend rates that is used, in whole or
in part, as the basis of or as a reference for calculating or
determining any valuation, payment, or other measurement.
(2) BENCHMARK ADMINISTRATOR.—The term ‘‘benchmark
administrator’’ means a person that publishes a benchmark
for use by third parties.
(3) BENCHMARK REPLACEMENT.—The term ‘‘benchmark
replacement’’ means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in
part on a prior setting of LIBOR), to replace LIBOR or any
interest rate or dividend rate based on LIBOR, whether on
a temporary, permanent, or indefinite basis, under or with
respect to a LIBOR contract.
(4) BENCHMARK REPLACEMENT CONFORMING CHANGES.—The
term ‘‘benchmark replacement conforming changes’’ means any
technical, administrative, or operational changes, alterations,
or modifications that—
(A) the Board determines, in its discretion, would
address 1 or more issues affecting the implementation,
administration, and calculation of the Board-selected
benchmark replacement in LIBOR contracts; or
(B) solely with respect to a LIBOR contract that is
not a consumer loan, in the reasonable judgment of a
calculating person, are otherwise necessary or appropriate
to permit the implementation, administration, and calculation of the Board-selected benchmark replacement under
or with respect to a LIBOR contract after giving due consideration to any benchmark replacement conforming changes
under subparagraph (A).
(5) BOARD.—The term ‘‘Board’’ means the Board of Governors of the Federal Reserve System.
(6) BOARD-SELECTED BENCHMARK REPLACEMENT.—The term
‘‘Board-selected benchmark replacement’’ means a benchmark
replacement identified by the Board that is based on SOFR,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 827
including any tenor spread adjustment pursuant to section
104(e).
(7) CALCULATING PERSON.—The term ‘‘calculating person’’
means, with respect to any LIBOR contract, any person,
including the determining person, responsible for calculating
or determining any valuation, payment, or other measurement
based on a benchmark.
(8) CONSUMER; CREDIT.—The terms ‘‘consumer’’ and ‘‘credit’’
have the meanings given the terms in section 103 of the Truth
in Lending Act (15 U.S.C. 1602).
(9) CONSUMER LOAN.—The term ‘‘consumer loan’’ means
a consumer credit transaction.
(10) DETERMINING PERSON.—The term ‘‘determining person’’ means, with respect to any LIBOR contract, any person
with the authority, right, or obligation, including on a temporary basis (as identified by the LIBOR contract or by the
governing law of the LIBOR contract, as appropriate) to determine a benchmark replacement.
(11) FALLBACK PROVISIONS.—The term ‘‘fallback provisions’’
means terms in a LIBOR contract for determining a benchmark
replacement, including any terms relating to the date on which
the benchmark replacement becomes effective.
(12) IBOR.—The term ‘‘IBOR’’ means LIBOR, any tenor
of non-U.S. dollar currency rates formerly known as the London
interbank offered rate as administered by ICE Benchmark
Administration Limited (or any predecessor or successor
administrator thereof), and any other interbank offered rates
that are expected to cease.
(13) IBOR BENCHMARK REPLACEMENT.—The term ‘‘IBOR
benchmark replacement’’ means a benchmark, or an interest
rate or dividend rate (which may or may not be based in
whole or in part on a prior setting of an IBOR), to replace
an IBOR or any interest rate or dividend rate based on an
IBOR, whether on a temporary, permanent, or indefinite basis,
under or with respect to an IBOR contract.
(14) IBOR CONTRACT.—The term ‘‘IBOR contract’’ means
any contract, agreement, indenture, organizational document,
guarantee, mortgage, deed of trust, lease, security (whether
representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument,
or other obligation or asset that, by its terms, continues in
any way to use an IBOR as a benchmark.
(15) LIBOR.—The term ‘‘LIBOR’’—
(A) means the overnight and 1-, 3-, 6-, and 12-month
tenors of U.S. dollar LIBOR (formerly known as the London
interbank offered rate) as administered by ICE Benchmark
Administration Limited (or any predecessor or successor
administrator thereof); and
(B) does not include the 1-week or 2-month tenors
of U.S. dollar LIBOR.
(16) LIBOR CONTRACT.—The term ‘‘LIBOR contract’’ means
any contract, agreement, indenture, organizational document,
guarantee, mortgage, deed of trust, lease, security (whether
representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument,
or other obligation or asset that, by its terms, uses LIBOR
as a benchmark.
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PUBLIC LAW 117–103—MAR. 15, 2022
(17) LIBOR REPLACEMENT DATE.—The term ‘‘LIBOR
replacement date’’ means the first London banking day after
June 30, 2023, unless the Board determines that any LIBOR
tenor will cease to be published or cease to be representative
on a different date.
(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) SOFR.—The term ‘‘SOFR’’ means the Secured Overnight Financing Rate published by the Federal Reserve Bank
of New York (or a successor administrator).
(20) TENOR SPREAD ADJUSTMENT.—The term ‘‘tenor spread
adjustment’’ means—
(A) 0.00644 percent for overnight LIBOR;
(B) 0.11448 percent for 1-month LIBOR;
(C) 0.26161 percent for 3-month LIBOR;
(D) 0.42826 percent for 6-month LIBOR; and
(E) 0.71513 percent for 12-month LIBOR.
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12 USC 5803.
SEC. 104. LIBOR CONTRACTS.
(a) IN GENERAL.—On the LIBOR replacement date, the Boardselected benchmark replacement shall be the benchmark replacement for any LIBOR contract that, after giving any effect to subsection (b)—
(1) contains no fallback provisions; or
(2) contains fallback provisions that identify neither—
(A) a specific benchmark replacement; nor
(B) a determining person.
(b) FALLBACK PROVISIONS.—On the LIBOR replacement date,
any reference in the fallback provisions of a LIBOR contract to—
(1) a benchmark replacement that is based in any way
on any LIBOR value, except to account for the difference
between LIBOR and the benchmark replacement; or
(2) a requirement that a person (other than a benchmark
administrator) conduct a poll, survey, or inquiries for quotes
or information concerning interbank lending or deposit rates;
shall be disregarded as if not included in the fallback provisions
of such LIBOR contract and shall be deemed null and void and
without any force or effect.
(c) AUTHORITY OF DETERMINING PERSON.—
(1) IN GENERAL.—Subject to subsection (f)(2), a determining
person may select the Board-selected benchmark replacement
as the benchmark replacement.
(2) SELECTION.—Any selection by a determining person
of the Board-selected benchmark replacement pursuant to paragraph (1) shall be—
(A) irrevocable;
(B) made by the earlier of the LIBOR replacement
date and the latest date for selecting a benchmark replacement according to the terms of the LIBOR contract; and
(C) used in any determinations of the benchmark under
or with respect to the LIBOR contract occurring on and
after the LIBOR replacement date.
(3) NO SELECTION.—If a determining person does not select
a benchmark replacement by the date specified in paragraph
(2)(B), the Board-selected benchmark replacement, on and after
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136 STAT. 829
the LIBOR replacement date, shall be the benchmark replacement for the LIBOR contract.
(d) CONFORMING CHANGES.—
(1) IN GENERAL.—If the Board-selected benchmark replacement becomes the benchmark replacement for a LIBOR contract
pursuant to subsection (a) or (c), all benchmark replacement
conforming changes shall become an integral part of the LIBOR
contract.
(2) NO CONSENT REQUIRED.—A calculating person shall not
be required to obtain consent from any other person prior
to the adoption of benchmark replacement conforming changes.
(e) ADJUSTMENT BY BOARD.—
(1) IN GENERAL.—Except as provided in paragraph (2), on
the LIBOR replacement date, the Board shall adjust the Boardselected benchmark replacement for each category of LIBOR
contract that the Board may identify to include the relevant
tenor spread adjustment.
(2) CONSUMER LOANS.—For LIBOR contracts that are consumer loans, the Board shall adjust the Board-selected benchmark replacement as follows:
(A) During the 1-year period beginning on the LIBOR
replacement date, incorporate an amount, to be determined
for any business day during that period, that transitions
linearly from the difference between the Board-selected
benchmark replacement and the corresponding LIBOR
tenor determined as of the day immediately before the
LIBOR replacement date to the relevant tenor spread
adjustment.
(B) On and after the date that is 1 year after the
LIBOR replacement date, incorporate the relevant tenor
spread adjustment.
(f) RULE OF CONSTRUCTION.—Nothing in this division may be
construed to alter or impair—
(1) any written agreement specifying that a LIBOR contract
shall not be subject to this division;
(2) except as provided in subsection (b), any LIBOR contract
that contains fallback provisions that identify a benchmark
replacement that is not based in any way on any LIBOR
value (including the prime rate or the effective Federal funds
rate);
(3) except as provided in subsection (b) or (c)(3), any LIBOR
contract subject to subsection (c)(1) as to which a determining
person does not elect to use a Board-selected benchmark
replacement pursuant to that subsection;
(4) the application to a Board-selected benchmark replacement of any cap, floor, modifier, or spread adjustment to which
LIBOR had been subject pursuant to the terms of a LIBOR
contract;
(5) any provision of Federal consumer financial law that—
(A) requires creditors to notify borrowers regarding
a change-in-terms; or
(B) governs the reevaluation of rate increases on credit
card accounts under open-ended (not home-secured) consumer credit plans; or
(6) except as provided in section 105(c), the rights or obligations of any person, or the authorities of any agency, under
Federal consumer financial law, as defined in section 1002
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PUBLIC LAW 117–103—MAR. 15, 2022
of the Consumer Financial Protection Act of 2010 (12 U.S.C.
5481).
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12 USC 5804.
SEC. 105. CONTINUITY OF CONTRACT AND SAFE HARBOR.
(a) IN GENERAL.—A Board-selected benchmark replacement and
the selection or use of a Board-selected benchmark replacement
as a benchmark replacement under or with respect to a LIBOR
contract, and any benchmark replacement conforming changes, shall
constitute—
(1) a commercially reasonable replacement for and a
commercially substantial equivalent to LIBOR;
(2) a reasonable, comparable, or analogous rate, index,
or term for LIBOR;
(3) a replacement that is based on a methodology or
information that is similar or comparable to LIBOR;
(4) substantial performance by any person of any right
or obligation relating to or based on LIBOR; and
(5) a replacement that has historical fluctuations that are
substantially similar to those of LIBOR for purposes of the
Truth in Lending Act (15 U.S.C. 1601 note) and regulations
promulgated under that division.
(b) NO IMPAIRMENT.—Neither the selection or use of a Boardselected benchmark replacement as a benchmark replacement nor
the determination, implementation, or performance of benchmark
replacement conforming changes under section 104 may—
(1) be deemed to impair or affect the right of any person
to receive a payment, or to affect the amount or timing of
such payment, under any LIBOR contract; or
(2) have the effect of—
(A) discharging or excusing performance under any
LIBOR contract for any reason, claim, or defense (including
any force majeure or other provision in any LIBOR contract);
(B) giving any person the right to unilaterally terminate or suspend performance under any LIBOR contract;
(C) constituting a breach of any LIBOR contract; or
(D) voiding or nullifying any LIBOR contract.
(c) SAFE HARBOR.—No person shall be subject to any claim
or cause of action in law or equity or request for equitable relief,
or have liability for damages, arising out of—
(1) the selection or use of a Board-selected benchmark
replacement;
(2) the implementation of benchmark replacement conforming changes; or
(3) with respect to a LIBOR contract that is not a consumer
loan, the determination of benchmark replacement conforming
changes,
in each case after giving effect to the provisions of section 104;
provided, however, that in each case any person (including a calculating person) shall remain subject to the terms of a LIBOR contract
that are not affected by this division and any existing legal, regulatory, or contractual obligations to correct servicing or other ministerial errors under or with respect to a LIBOR contract.
(d) SELECTION.—The selection or use of a Board-selected benchmark replacement or the determination, implementation, or
performance of benchmark replacement conforming changes under
section 104 shall not be deemed to—
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136 STAT. 831
(1) be an amendment or modification of any LIBOR contract; or
(2) prejudice, impair, or affect the rights, interests, or
obligations of any person under or with respect to any LIBOR
contract.
(e) NO NEGATIVE INFERENCE.—Except as provided in subsections (a), (b), or (c)(1) of section 104, nothing in this division
may be construed to create any negative inference or negative
presumption regarding the validity or enforceability of—
(1) any benchmark replacement (including any method for
calculating, determining, or implementing an adjustment to
the benchmark replacement to account for any historical differences between LIBOR and the benchmark replacement) that
is not a Board-selected benchmark replacement; or
(2) any changes, alterations, or modifications to or with
respect to a LIBOR contract that are not benchmark replacement conforming changes.
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SEC. 106. BENCHMARK FOR LOANS.
12 USC 5805.
(a) DEFINITIONS.—In this section:
(1) BANK.—The term ‘‘bank’’ means an institution subject
to examination by a Federal financial institutions regulatory
agency.
(2) COVERED ACTION.—The term ‘‘covered action’’ means—
(A) the initiation by a Federal supervisory agency of
an enforcement action, including the issuance of a ceaseand-desist order; or
(B) the issuance by a Federal supervisory agency of
a matter requiring attention, a matter requiring immediate
attention; or a matter requiring board attention resulting
from a supervisory activity conducted by the Federal supervisory agency.
(3) FEDERAL FINANCIAL INSTITUTIONS REGULATORY
AGENCY.—The term ‘‘Federal financial institutions regulatory
agencies’’ has the meaning given the term in section 1003
of the Federal Financial Institutions Examination Council Act
of 1978 (12 U.S.C. 3302).
(4) FEDERAL SUPERVISORY AGENCY.—The term ‘‘Federal
supervisory agency’’ means an agency listed in subparagraphs
(A) through (H) of section 1101(7) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3401(7)).
(5) NON-IBOR LOAN.—The term ‘‘non-IBOR loan’’ means
any loan that, by its terms, does not use in any way LIBOR,
any tenor of non-U.S. dollar currency rates formerly known
as the London interbank offered rate as administered by ICE
Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered
rates that are expected to cease, as a benchmark.
(b) BENCHMARKS USED BY BANKS.—With respect to a benchmark used by a bank—
(1) the bank, in any non-IBOR loan made before, on, or
after the date of enactment of this Act, may use any benchmark,
including a benchmark that is not SOFR, that the bank determines to be appropriate for the funding model of the bank;
the needs of the customers of the bank; and the products,
risk profile, risk management capabilities, and operational
capabilities of the bank; provided, however, that the use of
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PUBLIC LAW 117–103—MAR. 15, 2022
any benchmark shall remain subject to the terms of the nonIBOR loan, and applicable law; and
(2) no Federal supervisory agency may take any covered
action against the bank solely because that benchmark is not
SOFR.
12 USC 5806.
SEC. 107. PREEMPTION.
This division, and regulations promulgated under this division,
shall supersede any provision of any State or local law, statute,
rule, regulation, or standard—
(1) relating to the selection or use of a benchmark replacement or related conforming changes; or
(2) expressly limiting the manner of calculating interest,
including the compounding of interest, as that provision applies
to the selection or use of a Board-selected benchmark replacement or benchmark replacement conforming changes.
SEC. 108. TRUST INDENTURE ACT OF 1939.
Section 316(b) of the Trust Indenture Act of 1939 (15 U.S.C.
77ppp(b)) is amended—
(1) by striking ‘‘, except as’’ and inserting ‘‘, except—
‘‘(1) as’’;
(2) in paragraph (1), as so designated, by striking ‘‘(a),
and except that’’ and inserting ‘‘(a);
‘‘(2) that’’;
(3) in paragraph (2), as so designated, by striking the
period at the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(3) that the right of any holder of any indenture security
to receive payment of the principal of and interest on such
indenture security shall not be deemed to be impaired or
affected by any change occurring by the application of section
104 of the Adjustable Interest Rate (LIBOR) Act to any indenture security.’’.
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SEC. 109. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
Section 438(b)(2)(I) of the Higher Education Act of 1965 (20
U.S.C. 1087–1(b)(2)(I)) is amended by adding at the end the following:
‘‘(viii) REVISED CALCULATION RULE TO ADDRESS
INSTANCES WHERE 1-MONTH USD LIBOR CEASES OR IS
NON-REPRESENTATIVE.—
‘‘(I) SUBSTITUTE REFERENCE INDEX.—The
provisions of this clause apply to loans for which
the special allowance payment would otherwise
be calculated pursuant to clause (vii).
‘‘(II) CALCULATION BASED ON SOFR.—For loans
described in subclause (III) or (IV), the special
allowance payment described in this subclause
shall be substituted for the payment provided
under clause (vii). For each calendar quarter, the
formula for computing the special allowance that
would otherwise apply under clause (vii) shall be
revised by substituting ‘of the quotes of the 30day Average Secured Overnight Financing Rate
(SOFR) in effect for each of the days in such
quarter as published by the Federal Reserve Bank
of New York (or a successor administrator),
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 833
adjusted daily by adding the tenor spread adjustment, as that term is defined in the Adjustable
Interest Rate (LIBOR) Act, for 1-month LIBOR
contracts of 0.11448 percent’ for ‘of the 1-month
London Inter Bank Offered Rate (LIBOR) for
United States dollars in effect for each of the days
in such quarter as compiled and released by the
British Bankers Association’. The special allowance
calculation for loans subject to clause (vii) shall
otherwise remain in effect.
‘‘(III) LOANS ELIGIBLE FOR SOFR-BASED CALCULATION.—Except as provided in subclause (IV),
the special allowance payment calculated under
subclause (II) shall apply to all loans for which
the holder (or, if the holder acts as an eligible
lender trustee for the beneficial owner of the loan,
the beneficial owner of the loan) at any time after
the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special
allowance paid under clause (vii) or to the special
allowance paid pursuant to any other formula that
was previously in effect with respect to such loan,
and accepts the rate described in subclause (II).
Any such waiver shall apply to all loans then
held, or to be held from time to time, by such
holder or beneficial owner; provided that, due to
the need to obtain the approval of, demonstrated
to the satisfaction of the Secretary—
‘‘(aa) one or more third parties with a
legal or beneficial interest in loans eligible
for the SOFR-based calculation; or
‘‘(bb) a nationally recognized rating
organization assigning a rating to a financing
secured by loans otherwise eligible for the
SOFR-based calculation,
the holder of the loan (or, if the holder acts as
an eligible lender trustee for the beneficial owner
of the loan, the beneficial owner of the loan) may
elect to apply the rate described in subclause (II)
to specified loan portfolios established for financing
purposes by separate notices with different effective dates. The special allowance rate based on
SOFR shall be effective with respect to a portfolio
as of the first day of the calendar quarter following
the applicable effective date of the waiver received
by the Secretary from the holder or beneficial
owner and shall permanently and irrevocably continue for all subsequent quarters.
‘‘(IV) FALLBACK PROVISIONS.—
‘‘(aa) In the event that a holder or beneficial owner has not elected to waive its rights
to a special allowance payment under clause
(vii) with respect to a portfolio with an effective date of the waiver prior to the first of—
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Notification.
Waiver.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(AA) the date on which the ICE
Benchmark Administration (‘IBA’) has
permanently or indefinitely stopped providing the 1-month United States Dollar
LIBOR (‘1-month USD LIBOR’) to the general public;
‘‘(BB) the effective date of an official
public statement by the IBA or its regulator that the 1-month USD LIBOR is no
longer reliable or no longer representative;
or
‘‘(CC) the LIBOR replacement date,
as defined in section 103 of the Adjustable
Interest Rate (LIBOR) Act,
the special allowance rate calculation as
described in subclause (II) shall, by operation
of law, apply to all loans in such portfolio.
‘‘(bb) In such event—
‘‘(AA) the last determined rate of special allowance based on 1-month USD
LIBOR will continue to apply until the
end of the then current calendar quarter;
and
‘‘(BB) the special allowance rate calculation as described in subclause (II)
shall become effective as of the first day
of the following calendar quarter and
remain in effect for all subsequent calendar quarters.’’.
SEC. 110. RULEMAKING.
Deadline.
12 USC 5807.
Not later than 180 days after the date of enactment of this
Act, the Board shall promulgate regulations to carry out this division.
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Haiti
Development,
Accountability,
and Institutional
Transparency
Initiative Act.
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DIVISION V—HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL
TRANSPARENCY INITIATIVE ACT
22 USC 2151
note.
SEC. 101. SHORT TITLE.
22 USC 2151
note.
SEC. 102. STATEMENT OF POLICY.
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This division may be cited as the ‘‘Haiti Development, Accountability, and Institutional Transparency Initiative Act’’.
It is the policy of the United States to support the sustainable
rebuilding and development of Haiti in a manner that—
(1) recognizes Haitian independence, self-reliance, and sovereignty;
(2) promotes efforts that are led by and support the people
and Government of Haiti at all levels so that Haitians lead
the course of reconstruction and development of Haiti;
(3) contributes to international efforts to facilitate conditions for broad, inclusive, and sustained political dialogue
among the different actors in Haiti to restore democratic legitimacy and institutions in Haiti;
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(4) builds the long-term capacity of the Government of
Haiti, civil society, and the private sector to foster economic
opportunities in Haiti;
(5) fosters collaboration between the Haitian diaspora in
the United States, including dual citizens of Haiti and the
United States, and the Government of Haiti and the business
community in Haiti;
(6) supports anticorruption efforts, promotes press freedom,
and addresses human rights concerns, including through the
enforcement of sanctions imposed in accordance with the Global
Magnitsky Human Rights Accountability Act (subtitle F of title
XII of Public Law 114–328; 22 U.S.C. 2656 note) on individuals
implicated in human rights violations and corruption;
(7) respects and helps restore the natural resources of
Haiti and strengthens community-level resilience to environmental and weather-related impacts;
(8) promotes political stability through the holding of free,
fair, transparent, and timely elections in accordance with democratic principles and the Constitution of Haiti;
(9) provides timely and comprehensive reporting on the
goals and progress of the Government of Haiti and the United
States Government, and transparent post-program evaluations
and contracting data; and
(10) promotes the participation of Haitian women and youth
in governmental and nongovernmental institutions and in economic development and governance assistance programs funded
by the United States.
SEC. 103. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this division, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives.
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SEC. 104. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION
EFFORTS IN HAITI AND HOLDING PERPETRATORS OF THE
LA SALINE MASSACRE ACCOUNTABLE.
(a) PRIORITIZATION BY SECRETARY OF STATE.—The Secretary
of State shall prioritize the protection of human rights and
anticorruption efforts in Haiti through the following methods:
(1) Fostering strong relationships with independent civil
society groups focused on monitoring corruption and human
rights abuses and promoting democracy in Haiti.
(2) Supporting the efforts of the Government of Haiti to
identify persons involved in human rights violations and significant acts of corruption in Haiti, including public and private
sector actors, and hold them accountable for their actions.
(3) Addressing concerns of impunity for the alleged perpetrators of and the individuals who organized and planned
the massacre in La Saline that took place on November 13,
2018.
(4) Urging authorities to continue to investigate attacks
in the neighborhoods of La Saline and Bel Air in 2018 and
2019 that left dozens dead in order to bring the perpetrators
to justice.
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(b) BRIEFING.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall brief the
appropriate congressional committees on the events that took
place on November 13, 2018, in the neighborhood of La Saline,
in Port-au-Prince, Haiti, and the aftermath of those events.
(2) ELEMENTS.—The briefing required by paragraph (1)
shall include the following:
(A) An examination of any links between the massacre
in La Saline and mass protests that occurred concurrently
in Haiti.
(B) An analysis of the reports on the massacre in
La Saline authored by the United Nations, the European
Union, and the Government of Haiti.
(C) A detailed description of all known perpetrators
of and the individuals who organized and planned the
massacre.
(D) An overview of efforts of the Government of Haiti
to bring the perpetrators of and the individuals who organized and planned the massacre in La Saline to justice
and to prevent other similar attacks.
(E) An assessment of the ensuing treatment and
displacement of the survivors of the massacre in La Saline.
(3) CONSULTATION.—In carrying out paragraph (1), the Secretary shall consult with nongovernmental organizations in
Haiti and the United States.
Deadline.
Examination.
Analysis.
Assessment.
SEC. 105. PROMOTING FREEDOM OF THE PRESS AND ASSEMBLY IN
HAITI.
The Secretary of State shall prioritize the promotion of freedom
of the press and freedom of assembly and the protection of journalists in Haiti through the following methods:
(1) Advocating to Haitian authorities for increased protection for journalists and the press and for the freedom to peacefully assemble or protest in Haiti.
(2) Collaborating with officials of the Government of Haiti
and representatives of civil society to increase legal protections
for journalists in Haiti.
(3) Supporting efforts to strengthen transparency in the
public and private sectors in Haiti and access to information
in Haiti.
(4) Using United States foreign assistance for programs
to strengthen capacity for independent journalists and increase
support for investigative journalism in Haiti.
SEC. 106. SUPPORTING POST-EARTHQUAKE, POST-HURRICANE, AND
POST-COVID–19 RECOVERY AND DEVELOPMENT IN HAITI.
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The Secretary of State, in coordination with the Administrator
of the United States Agency for International Development, shall
prioritize post-earthquake, post-hurricane, and post-COVID–19
recovery and development efforts in Haiti through the following
methods:
(1) Collaborating with the Government of Haiti on a
detailed and transparent development plan that includes clear
objectives and benchmarks.
(2) Building the capacity of Haitian-led public, private,
and nongovernmental sector institutions in Haiti through post-
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earthquake and post-hurricane recovery and development planning.
(3) Assessing the impact of the recovery efforts of the
United States and the international community in Haiti since
January 2010.
(4) Supporting disaster resilience and reconstruction
efforts.
(5) Addressing the underlying causes of poverty and
inequality.
(6) Improving access to—
(A) health resources;
(B) public health technical assistance; and
(C) clean water, food, and shelter.
(7) Assessing the impact of the COVID–19 pandemic on
post-disaster recovery efforts and evaluating United States support needed to help with the pandemic response in Haiti.
(8) Supporting—
(A) the export of additional United States-produced
COVID–19 vaccine doses to Haiti; and
(B) the safe storage, transport, and end-to-end distribution of United States-produced COVID–19 vaccines
throughout Haiti, in light of ongoing humanitarian access
challenges presented by Haiti’s security environment.
Assessment.
Assessment.
Evaluation.
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SEC. 107. REPORT ON DEVELOPMENTS IN HAITI.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for International Development (in this section referred to as the ‘‘Administrator’’) and other relevant agencies and departments, shall submit
to the appropriate congressional committees a report on developments in Haiti.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A strategy for carrying out sections 104(a), 105, and
106 of this division, including established baselines, benchmarks, and indicators to measure outcomes and impact.
(2) An assessment of major corruption committed among
the public and private sectors in Haiti, including identification
of any individual or entity that financed corruption activities,
and all corruption prosecutions investigated by the judiciary
of Haiti since January 2015.
(3) An overview of efforts of the Government of Haiti to
address corruption, including the Petrocaribe scandal, and
corrective measures to strengthen and restore trust in the
public institutions of Haiti.
(4) A description of efforts of the United States Government
to consult and engage with officials of the Government of Haiti
and independent civil society groups focused on monitoring
corruption and human rights abuses and promoting democracy
and press freedom in Haiti since January 2015.
(5) A description of the response by the Government of
Haiti to civic protests that have taken place since July 2018
and any allegations of human rights abuses, including attacks
on journalists.
(6) An assessment of United States security assistance
to Haiti, including United States support to the Haitian
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Coordination.
Strategy.
Assessment.
Assessment.
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Assessment.
Assessment.
Review.
Analysis.
Analysis.
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National Police and an assessment of compliance with section
620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d)
and section 362 of title 10, United States Code (commonly
referred to as the ‘‘Leahy Laws’’).
(7) A description of the efforts of the Government of Haiti
to support displaced survivors of urban and gang violence.
(8) An assessment of United States interagency efforts
to counter kidnapping and armed violence in Haiti.
(9) An assessment of the impact of presidential decrees
on the health of Haiti’s democratic institutions and the safeguarding of human rights, including decrees relating to—
(A) reducing the authority of the Superior Court of
Accounts and Administrative Litigation;
(B) promulgating an antiterrorism law;
(C) establishing the National Intelligence Agency; and
(D) retiring and subsequently appointing judges to the
Supreme Court of Haiti.
(10) A review of the alleged coup against President Moı¨se
on February 7, 2021, and subsequent arrest and jailings of
alleged perpetrators.
(11) An analysis, conducted in collaboration with the
Government of Haiti, of efforts to support development goals
in Haiti since January 2015, including steps taken—
(A) to strengthen institutions at the national and local
levels; and
(B) to strengthen democratic governance at the
national and local levels.
(12) An analysis of the effectiveness and sustainability
of development projects financed by the United States, including
the Caracol Industrial Park and supporting infrastructure.
(13) A description of procurement from Haitian small- and
medium-sized businesses and nongovernmental organizations
by the Government of the United States and the Government
of Haiti for development and humanitarian activities,
disaggregated by year since 2015, and a description of efforts
to increase local procurement, including food aid.
(14) A description of United States efforts since January
2015 to assist the Haitian people in their pursuits for free,
fair, and timely democratic elections.
(15) An overview of United States efforts to cooperate with
diplomatic partners in Latin America, the Caribbean, Canada,
and Europe to engage with political leaders, civil society, the
private sector, and underrepresented populations in Haiti to
support a stable environment conducive to holding free and
fair elections.
(16) Quantitative and qualitative indicators to assess
progress and benchmarks for United States initiatives focused
on sustainable development in Haiti, including democracy
assistance, economic revitalization, natural disaster recovery,
pandemic response, resilience, energy and infrastructure,
health, and food security.
(c) CONSULTATION.—In preparing the report required by subsection (a), the Secretary and the Administrator shall consult, as
appropriate, with—
(1) nongovernmental organizations and civil society groups
in Haiti and the United States; and
(2) the Government of Haiti.
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136 STAT. 839
(d) PUBLIC AVAILABILITY.—The Secretary shall make the report
required by subsection (a) publicly available on the website of
the Department of State.
Web posting.
SEC. 108. REPORT ON THE ASSASSINATION OF PRESIDENT JOVENEL
MOI¨SE.
Coordination.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in coordination
with the Attorney General, the Secretary of Homeland Security,
and the Director of the Central Intelligence Agency, shall submit
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a
report on the July 7, 2021, assassination of former President of
Haiti Jovenel Moı¨se.
(b) UPDATED REPORT.—Not later than 180 days after the
submission of the report required by subsection (a), the Secretary
of State, in coordination with the Attorney General, the Secretary
of Homeland Security, and the Director of the Central Intelligence
Agency, shall submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives an updated version of the report that includes
any significant developments related to the assassination of former
President of Haiti Jovenel Moı¨se.
(c) ELEMENTS.—The report required by subsection (a) and the
report required by subsection (b) shall each include the following
elements:
(1) A detailed description of the events leading up to the
assassination of former President Jovenel Moı¨se and the subsequent investigation of the assassination, including a description
and identification of key dates and the names of foreign persons
related to the assassination and the investigation of the assassination.
(2) A description of United States support for the efforts
of Haitian authorities to investigate the assassination of former
President Jovenel Moı¨se.
(3) An assessment of the independence and capacity of
Haitian authorities to investigate the assassination of former
President Jovenel Moı¨se, including analysis of significant
advances and deficiencies of the investigation.
(4) A description of any threats and acts of intimidation
against Haitian law enforcement and judicial authorities
involved in the investigation of the assassination of former
President Jovenel Moı¨se, including the identification of foreign
persons involved in such threats and acts of intimidation.
(5) A description of any efforts to interfere in or undermine
the independence and integrity of the investigation of the assassination of former President Jovenel Moı¨se.
(6) A description of whether any foreign persons previously
employed by or who served as a contractor or informant for
the United States Government were involved in the assassination of former President Jovenel Moı¨se.
(7) A description and the identification of foreign persons
involved in the execution and planning of the assassination
of former President Jovenel Moı¨se and an assessment of the
intentions of such foreign persons.
(d) FORM OF REPORT.—The report required by subsection (a)
and the updated report required by subsection (b) shall each be
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PUBLIC LAW 117–103—MAR. 15, 2022
submitted in an unclassified form, but each may include a classified
annex.
(e) PUBLICATION.—The Secretary of State shall post on the
public website of the Department of State—
(1) the unclassified version of the report required by subsection (a) not later than 15 days after the date on which
the report is submitted under such subsection; and
(2) the unclassified version of the report required by subsection (b) not later than 15 days after the date on which
the report is submitted under such subsection.
(f) BRIEFING REQUIREMENT.—The Secretary of State, in
coordination with the Attorney General, the Secretary of Homeland
Security, and the Director of the Central Intelligence Agency, shall
brief the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives on—
(1) the contents of the report required by subsection (a)
not later than 15 days after the date on which the report
is submitted under such subsection; and
(2) the contents of the report required by subsection (b)
not later than 15 days after the date on which the report
is submitted under such subsection.
Web posting.
Deadlines.
Deadlines.
SEC. 109. REPEAL.
The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 2151
note; Public Law 113–162) is repealed.
SEC. 110. TERMINATION.
22 USC 2151
note.
This division shall terminate on December 31, 2025.
Violence Against
Women Act
Reauthorization
Act of 2022.
34 USC 10101
note.
DIVISION
W—VIOLENCE
AGAINST
WOMEN ACT REAUTHORIZATION ACT
OF 2022
SEC. 1. SHORT TITLE.
This Act may be cited as the ‘‘Violence Against Women Act
Reauthorization Act of 2022’’.
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SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) IN GENERAL.—Section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘In this title’’ and inserting ‘‘In this title, for the purpose
of grants authorized under this title’’;
(B) by redesignating paragraphs (43) through (45) as
paragraphs (50) through (52), respectively;
(C) by redesignating paragraphs (34) through (42) as
paragraphs (41) through (49), respectively;
(D) by redesignating paragraphs (26) through (33) as
paragraphs (32) through (39), respectively;
(E) by redesignating paragraphs (18) through (25) as
paragraphs (23) through (30), respectively;
(F) by redesignating paragraphs (16) and (17) as paragraphs (22) and (21), respectively, and transferring paragraph (22), as so redesignated, so as to appear before
paragraph (23), as so redesignated;
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(G) by redesignating paragraphs (12) through (15) as
paragraphs (17) through (20), respectively;
(H) by redesignating paragraph (11) as paragraph (14);
(I) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively;
(J) by redesignating paragraph (8) as paragraph (12),
and transferring it to appear after paragraph (11), as so
redesignated;
(K) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively;
(L) by redesignating paragraph (2) as paragraph (7),
and transferring it to appear before paragraph (8), as so
redesignated;
(M) by redesignating paragraphs (4) and (5) as paragraphs (5) and (4), respectively, and transferring paragraph
(4), as so redesignated, so as to appear after paragraph
(3);
(N) by redesignating paragraph (1) as paragraph (2);
(O) by inserting before paragraph (2), as so redesignated, the following:
‘‘(1) ABUSE IN LATER LIFE .—The term ‘abuse in later life’—
‘‘(A) means—
‘‘(i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual
in an ongoing relationship of trust with the victim;
or
‘‘(ii) domestic violence, dating violence, sexual
assault, or stalking of an adult aged 50 or older by
any individual; and
‘‘(B) does not include self-neglect.’’;
(P) by inserting after paragraph (5), as so redesignated,
the following:
‘‘(6) COURT-BASED PERSONNEL; COURT-RELATED PERSONNEL.—The terms ‘court-based personnel’ and ‘court-related
personnel’ mean individuals working in the court, whether paid
or volunteer, including—
‘‘(A) clerks, special masters, domestic relations officers,
administrators, mediators, custody evaluators, guardians
ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial,
administrative, or any other professionals or personnel
similarly involved in the legal process;
‘‘(B) court security personnel;
‘‘(C) personnel working in related supplementary offices
or programs (such as child support enforcement); and
‘‘(D) any other court-based or community-based personnel having responsibilities or authority to address
domestic violence, dating violence, sexual assault, or
stalking in the court system.’’;
(Q) in paragraph (12), as so redesignated, by striking
‘‘includes felony’’ and all that follows through ‘‘jurisdiction.’’
and inserting the following: ‘‘includes felony or misdemeanor crimes committed by a current or former spouse
or intimate partner of the victim under the family or
domestic violence laws of the jurisdiction receiving grant
funding and, in the case of victim services, includes the
use or attempted use of physical abuse or sexual abuse,
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136 STAT. 842
PUBLIC LAW 117–103—MAR. 15, 2022
or a pattern of any other coercive behavior committed,
enabled, or solicited to gain or maintain power and control
over a victim, including verbal, psychological, economic,
or technological abuse that may or may not constitute
criminal behavior, by a person who—
‘‘(A) is a current or former spouse or intimate partner
of the victim, or person similarly situated to a spouse
of the victim;
‘‘(B) is cohabitating, or has cohabitated, with the victim
as a spouse or intimate partner;
‘‘(C) shares a child in common with the victim; or
‘‘(D) commits acts against a youth or adult victim who
is protected from those acts under the family or domestic
violence laws of the jurisdiction.’’;
(R) by inserting after paragraph (12), as so redesignated, the following:
‘‘(13) ECONOMIC ABUSE.—The term ‘economic abuse’, in the
context of domestic violence, dating violence, and abuse in
later life, means behavior that is coercive, deceptive, or
unreasonably controls or restrains a person’s ability to acquire,
use, or maintain economic resources to which they are entitled,
including using coercion, fraud, or manipulation to—
‘‘(A) restrict a person’s access to money, assets, credit,
or financial information;
‘‘(B) unfairly use a person’s personal economic
resources, including money, assets, and credit, for one’s
own advantage; or
‘‘(C) exert undue influence over a person’s financial
and economic behavior or decisions, including forcing
default on joint or other financial obligations, exploiting
powers of attorney, guardianship, or conservatorship, or
failing or neglecting to act in the best interests of a person
to whom one has a fiduciary duty.’’;
(S) by inserting after paragraph (14), as so redesignated, the following:
‘‘(15) FEMALE GENITAL MUTILATION OR CUTTING.—The term
‘female genital mutilation or cutting’ has the meaning given
such term in section 116 of title 18, United States Code.
‘‘(16) FORCED MARRIAGE.—The term ‘forced marriage’
means a marriage to which 1 or both parties do not or cannot
consent, and in which 1 or more elements of force, fraud,
or coercion is present. Forced marriage can be both a cause
and a consequence of domestic violence, dating violence, sexual
assault or stalking.’’;
(T) by striking paragraph (17), as so redesignated,
and inserting the following:
‘‘(17) HOMELESS.— The term ‘homeless’ has the meaning
given such term in section 41403.’’;
(U) in paragraph (22), as so redesignated—
(i) in the heading, by inserting ‘‘; INDIAN TRIBE’’
after ‘‘TRIBE’’; and
(ii) by striking ‘‘term ‘Indian tribe’ means’’ and
inserting ‘‘terms ‘Indian tribe’ and ‘Indian Tribe’
mean’’;
(V) by striking paragraph (24), as so redesignated,
and inserting the following:
‘‘(24) LEGAL ASSISTANCE.—
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‘‘(A) DEFINITION.—The term ‘legal assistance’ means
assistance provided by or under the direct supervision of
a person described in subparagraph (B) to an adult, youth,
or child victim of domestic violence, dating violence, sexual
assault, or stalking relating to a matter described in
subparagraph (C).
‘‘(B) PERSON DESCRIBED.—A person described in this
subparagraph is—
‘‘(i) a licensed attorney;
‘‘(ii) in immigration proceedings, a Board of
Immigration Appeals accredited representative;
‘‘(iii) in claims of the Department of Veterans
Affairs, a representative authorized by the Secretary
of Veterans Affairs; or
‘‘(iv) any person who functions as an attorney or
lay advocate in tribal court.
‘‘(C) MATTER DESCRIBED.—A matter described in this
subparagraph is a matter relating to—
‘‘(i) divorce, parental rights, child support, Tribal,
territorial, immigration, employment, administrative
agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or
other injunctive proceedings, related enforcement proceedings, and other similar matters;
‘‘(ii) criminal justice investigations, prosecutions,
and post-conviction matters (including sentencing,
parole, and probation) that impact the victim’s safety,
privacy, or other interests as a victim;
‘‘(iii) alternative dispute resolution, restorative
practices, or other processes intended to promote victim
safety, privacy, and autonomy, and offender accountability, regardless of court involvement; or
‘‘(iv) with respect to a conviction of a victim
relating to or arising from domestic violence, dating
violence, sexual assault, stalking, or sex trafficking
victimization of the victim, post-conviction relief proceedings in State, local, Tribal, or territorial court.
‘‘(D) INTAKE OR REFERRAL.—For purposes of this paragraph, intake or referral, by itself, does not constitute
legal assistance.’’;
(W) by inserting after paragraph (30), as so redesignated, the following:
‘‘(31) RESTORATIVE PRACTICE.—The term ‘restorative practice’ means a practice relating to a specific harm that—
‘‘(A) is community-based and unaffiliated with any civil
or criminal legal process;
‘‘(B) is initiated by a victim of the harm;
‘‘(C) involves, on a voluntary basis and without any
evidence of coercion or intimidation of any victim of the
harm by any individual who committed the harm or anyone
associated with any such individual—
‘‘(i) 1 or more individuals who committed the harm;
‘‘(ii) 1 or more victims of the harm; and
‘‘(iii) the community affected by the harm through
1 or more representatives of the community;
‘‘(D) shall include and has the goal of—
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(i) collectively seeking accountability from 1 or
more individuals who committed the harm;
‘‘(ii) developing a written process whereby 1 or
more individuals who committed the harm will take
responsibility for the actions that caused harm to 1
or more victims of the harm; and
‘‘(iii) developing a written course of action plan—
‘‘(I) that is responsive to the needs of 1 or
more victims of the harm; and
‘‘(II) upon which 1 or more victims, 1 or more
individuals who committed the harm, and the
community can agree; and
‘‘(E) is conducted in a victim services framework that
protects the safety and supports the autonomy of 1 or
more victims of the harm and the community.’’;
(X) by inserting after paragraph (39), as so redesignated, the following:
‘‘(40) TECHNOLOGICAL ABUSE.—The term ‘technological
abuse’ means an act or pattern of behavior that occurs within
domestic violence, sexual assault, dating violence or stalking
and is intended to harm, threaten, intimidate, control, stalk,
harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any
form of technology, including but not limited to: internet
enabled devices, online spaces and platforms, computers, mobile
devices, cameras and imaging programs, apps, location tracking
devices, or communication technologies, or any other emerging
technologies.’’; and
(Y) in paragraph (51), as so redesignated, by inserting
‘‘legal assistance and’’ before ‘‘legal advocacy’’; and
(2) in subsection (b)—
(A) in paragraph (2), by adding at the end the following:
‘‘(H) DEATH OF THE PARTY WHOSE PRIVACY HAD BEEN
PROTECTED.—In the event of the death of any victim whose
confidentiality and privacy is required to be protected under
this subsection, grantees and subgrantees may share
personally identifying information or individual information that is collected about deceased victims being sought
for a fatality review to the extent permitted by their jurisdiction’s law and only if the following conditions are met:
‘‘(i) The underlying objectives of the fatality review
are to prevent future deaths, enhance victim safety,
and increase offender accountability.
‘‘(ii) The fatality review includes policies and protocols to protect identifying information, including identifying information about the victim’s children, from further release outside the fatality review team.
‘‘(iii) The grantee or subgrantee makes a reasonable effort to get a release from the victim’s personal
representative (if one has been appointed) and from
any surviving minor children or the guardian of such
children (but not if the guardian is the abuser of the
deceased parent), if the children are not capable of
knowingly consenting.
‘‘(iv) The information released is limited to that
which is necessary for the purposes of the fatality
review.’’;
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136 STAT. 845
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘if—
‘‘(A) the confidentiality and privacy requirements of
this title are maintained; and
‘‘(B) personally identifying information about adult,
youth, and child victims of domestic violence, dating
violence, sexual assault, and stalking is not requested or
included in any such collaboration or information-sharing.’’;
(C) in paragraph (11)—
(i) by striking ‘‘Of the total’’ and inserting the
following:
‘‘(A) IN GENERAL.—Of the total’’; and
(ii) by adding at the end the following:
‘‘(B) REQUIREMENT.—The Office on Violence Against
Women shall make all technical assistance available as
broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without
regard to whether the entity has received funding from
the Office on Violence Against Women for a particular
program or project, with priority given to recipients
awarded a grant before the date of enactment of the
Violence Against Women Act Reauthorization Act of 2022.’’;
(D) in paragraph (14)—
(i) by striking ‘‘services and assistance to victims’’
and inserting ‘‘services and assistance to—
‘‘(A) victims’’;
(ii) by striking the period at the end and inserting
a semicolon; and
(iii) by adding at the end the following:
‘‘(B) adult survivors of child sexual abuse; and
‘‘(C) victims of domestic violence, dating violence,
sexual assault, or stalking who are also victims of female
genital mutilation or cutting, or forced marriage.’’;
(E) by striking paragraph (15);
(F) by redesignating paragraph (16) as paragraph (15);
and
(G) in paragraph (15), as so redesignated—
(i) in subparagraph (A), by striking clause (iii)
and inserting the following:
‘‘(iii) TECHNICAL ASSISTANCE.—A recipient of grant
funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt,
individualized technical assistance to resolve the audit
finding and to prevent future findings, for a period
not to exceed the following 2 fiscal years.’’; and
(ii) in subparagraph (C)(i), by striking ‘‘$20,000’’
and inserting ‘‘$100,000’’ and by inserting ‘‘the Director
or Principal Deputy Director of the Office on Violence
Against Women or’’ before ‘‘the Deputy Attorney General’’; and
(H) by adding at the end the following:
‘‘(16) INNOVATION FUND.—Of the amounts appropriated to
carry out this title, not more than 1 percent shall be made
available for pilot projects, demonstration projects, and special
initiatives designed to improve Federal, State, local, Tribal,
and other community responses to gender-based violence.’’.
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Applicability.
34 USC 12291
note.
(b) DEFINITIONS AND GRANT CONDITIONS.—Section 40002 of
the Violence Against Women Act of 1994 (34 U.S.C. 12291) shall
apply to this Act and any grant program authorized under this
Act.
34 USC 20128.
SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
Each head of an Executive department (as defined in section
101 of title 5, United States Code) responsible for carrying out
a program under this Act, the Violence Against Women Act of
1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence
Against Women Act of 2000 (division B of Public Law 106–386;
114 Stat. 1491), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (title IX of Public Law
109–162; 119 Stat. 3080), or the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) may coordinate
and collaborate on the prevention of domestic violence, dating
violence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and
those seeking assistance from the Federal Government.
15 USC 6851
note.
SEC. 4. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), this
Act and the amendments made by this Act shall not take effect
until October 1 of the first fiscal year beginning after the date
of enactment of this Act.
(b) EFFECTIVE ON DATE OF ENACTMENT.—Sections 106, 107,
304, 606, 803, and 1306 and any amendments made by such sections
shall take effect on the date of enactment of this Act.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress—
(1) that sex trafficking victims experience sexual violence
and assault; and
(2) that Federal recognition of their recovery is important.
15 USC 6851
note.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder
of this Act and the amendments made by this Act, and the application of the provisions or amendment to any other person or circumstance, shall not be affected.
TITLE I—ENHANCING LEGAL TOOLS TO
COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING
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SEC. 101. STOP GRANTS.
(a) IN GENERAL.—Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended—
(1) in section 2001 (34 U.S.C. 10441)—
(A) in subsection (b)—
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136 STAT. 847
(i) in paragraph (3), by inserting before the semicolon at the end the following: ‘‘, including implementation of the grant conditions in section 40002(b) of the
Violence Against Women Act of 1994 (34 U.S.C.
12291(b))’’;
(ii) in paragraph (5), by inserting ‘‘and legal assistance’’ after ‘‘improving delivery of victim services’’; and
(iii) in paragraph (9)—
(I) by striking ‘‘older and disabled women’’
and inserting ‘‘individuals 50 years of age or over,
individuals with disabilities, and Deaf individuals’’;
(II) by inserting ‘‘legal assistance,’’ after ‘‘counseling,’’; and
(III) by striking ‘‘older and disabled individuals’’ and inserting ‘‘individuals’’;
(iv) in paragraph (11), by inserting before the semicolon at the end the following: ‘‘, including rehabilitative work with offenders’’;
(v) in paragraph (19), by striking ‘‘and’’ at the
end;
(vi) in paragraph (20)—
(I) by striking ‘‘or stalking’’ and inserting
‘‘stalking, or female genital mutilation or cutting’’;
and
(II) by striking the period at the end and
inserting a semicolon; and
(vii) by inserting after paragraph (20), the following:
‘‘(21) developing, enhancing, or strengthening programs and
projects to improve evidence collection methods for victims of
domestic violence, dating violence, sexual assault, or stalking,
including through funding for technology that better detects
bruising and injuries across skin tones and related training;
‘‘(22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific
victim services and responses to female genital mutilation or
cutting;
‘‘(23) providing victim advocates in State or local law
enforcement agencies, prosecutors’ offices, and courts to provide
supportive services and advocacy to Indian victims of domestic
violence, dating violence, sexual assault, and stalking; and
‘‘(24) paying any fees charged by any governmental
authority for furnishing a victim or the child of a victim with
any of the following documents:
‘‘(A) A birth certificate or passport of the individual,
as required by law.
‘‘(B) An identification card issued to the individual
by a State or Tribe, that shows that the individual is
a resident of the State or a member of the Tribe.’’; and
(B) in subsection (d)(3), in the matter preceding
subparagraph (A), by striking ‘‘2014 through 2018’’ and
inserting ‘‘2023 through 2027’’;
(2) in section 2007 (34 U.S.C. 10446)—
(A) in subsection (d)—
(i) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and
(ii) by inserting after paragraph (4) the following:
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(5) proof of compliance with the requirements regarding
training for victim-centered prosecution described in section
2017;
‘‘(6) certification of compliance with the grant conditions
under section 40002(b) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(b)), as applicable;’’;
(B) in subsection (i)—
(i) in paragraph (1), by inserting before the semicolon at the end the following: ‘‘and the requirements
under section 40002(b) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(b)), as applicable’’; and
(ii) in paragraph (2)(C)(iv), by inserting after ‘‘ethnicity,’’ the following: ‘‘sexual orientation, gender
identity,’’; and
(C) in subsection (j)(2), by adding a period at the end;
and
(3) by adding at the end the following:
34 USC 10454.
‘‘SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM
TESTIMONY.
Certification.
Time period.
Effective date.
‘‘In order for a prosecutor’s office to be eligible to receive grant
funds under this part, the head of the office shall certify, to the
State, Indian Tribal government, or territorial government receiving
the grant funding, that the office will, during the 3-year period
beginning on the date on which the grant is awarded, engage
in planning, developing and implementing—
‘‘(1) training developed by experts in the field regarding
victim-centered approaches in domestic violence, sexual assault,
dating violence, and stalking cases;
‘‘(2) policies that support a victim-centered approach,
informed by such training; and
‘‘(3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before
employing material witness petitions and bench warrants to
obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual
assault, dating violence, and stalking of the victim in order
to prevent further victimization and trauma to the victim.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10261(a)(18)) is amended by striking ‘‘2014
through 2018’’ and inserting ‘‘2023 through 2027’’.
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SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.
(a) HEADING.—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
in the heading, by striking ‘‘GRANTS TO ENCOURAGE ARREST POLICIES’’ and inserting ‘‘GRANTS TO IMPROVE THE CRIMINAL JUSTICE
RESPONSE’’.
(b) GRANTS.—Section 2101 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) PURPOSE.—The purpose of this part is to assist States,
Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve
the criminal justice response to domestic violence, dating violence,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 849
sexual assault, and stalking as serious violations of criminal law,
and to seek safety and autonomy for victims.’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘proarrest’’ and
inserting ‘‘offender accountability and homicide reduction’’;
(B) in paragraph (5), by striking ‘‘legal advocacy service
programs’’ and inserting ‘‘legal advocacy and legal assistance programs’’;
(C) in paragraph (8), by striking ‘‘older individuals
(as defined in section 102 of the Older Americans Act
of 1965 (42 U.S.C. 3002))’’ and inserting ‘‘individuals 50
years of age or over, Deaf individuals,’’;
(D) in paragraph (19), by inserting before the period
at the end the following ‘‘, including victims among underserved populations (as defined in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(a)))’’;
and
(E) by adding at the end the following:
‘‘(25) To develop Statewide databases with information on
where sexual assault nurse examiners are located.
‘‘(26) To develop and implement alternative methods of
reducing crime in communities, to supplant punitive programs
or policies. For purposes of this paragraph, a punitive program
or policy is a program or policy that—
‘‘(A) imposes a penalty on a victim of domestic violence,
dating violence, sexual assault, or stalking, on the basis
of a request by the victim for law enforcement or emergency
assistance; or
‘‘(B) imposes a penalty on such a victim because of
criminal activity at the property in which the victim
resides.’’; and
(3) in subsection (c)(1)—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘encourage or mandate
arrests of domestic violence offenders’’ and inserting
‘‘encourage arrests of domestic violence, dating
violence, sexual assault, and stalking offenders’’; and
(ii) in clause (ii), by striking ‘‘encourage or mandate
arrest of domestic violence offenders’’ and inserting
‘‘encourage arrest of offenders’’;
(B) in subparagraph (E)(ii), by striking ‘‘and’’ at the
end; and
(C) by inserting after subparagraph (E) the following:
‘‘(F) except for a court, not later than 3 years after
the date on which an eligible grantee receives the first
award under this part after the date of enactment of the
Violence Against Women Act Reauthorization Act of 2022,
certify that the laws, policies, and practices of the State
or the jurisdiction in which the eligible grantee is located
ensure that prosecutor’s offices engage in planning, developing, and implementing—
‘‘(i) training developed by experts in the field
regarding victim-centered approaches in domestic
violence, sexual assault, dating violence, and stalking
cases;
‘‘(ii) policies that support a victim-centered
approach, informed by such training; and
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Time period.
Certification.
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Certification.
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(iii) a protocol outlining alternative practices and
procedures for material witness petitions and bench
warrants, consistent with best practices, that shall be
exhausted before employing material witness petitions
and bench warrants to obtain victim-witness testimony
in the investigation, prosecution, and trial of a crime
related to domestic violence, sexual assault, dating
violence, and stalking of the victim in order to prevent
further victimization and trauma to the victim; and
‘‘(G) except for a court, certify that the laws, policies,
and practices of the State or the jurisdiction in which
the eligible grantee is located prohibits the prosecution
of a minor under the age of 18 with respect to prostitution;
and’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10261(a)(19)) is amended by striking ‘‘2014 through
2018’’ and inserting ‘‘2023 through 2027’’.
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SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20121) is amended—
(1) in subsection (a), by inserting after ‘‘no cost to the
victims.’’ the following: ‘‘When legal assistance to a dependent
is necessary for the safety of a victim, such assistance may
be provided.’’;
(2) in subsection (d)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) any person providing legal assistance through a program funded under this section—
‘‘(A)(i) is a licensed attorney or is working under the
direct supervision of a licensed attorney;
‘‘(ii) in immigration proceedings, is a Board of Immigration Appeals accredited representative;
‘‘(iii) in Veterans’ Administration claims, is an accredited representative; or
‘‘(iv) is any person who functions as an attorney or
lay advocate in Tribal court; and
‘‘(B)(i) has demonstrated expertise in providing legal
assistance to victims of domestic violence, dating violence,
sexual assault, or stalking in the targeted population; or
‘‘(ii)(I) is partnered with an entity or person that has
demonstrated expertise described in clause (i); and
‘‘(II) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;’’;
(B) in paragraph (2), by striking ‘‘or local’’ and insert
the following: ‘‘local, or culturally specific’’;
(C) in paragraph (4), after ‘‘dating violence,’’ by
inserting ‘‘stalking,’’; and
(3) in subsection (f)(1)—
(A) by striking ‘‘$57,000,000’’ and inserting
‘‘$60,000,000’’; and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2023 through 2027’’.
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136 STAT. 851
SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended—
(1) in subsection (b)(8), by striking ‘‘to improve’’ and
inserting ‘‘improve’’;
(2) in subsection (e), by striking ‘‘2014 through 2018’’ and
inserting ‘‘2023 through 2027’’; and
(3) by adding at the end the following:
‘‘(g) CULTURAL RELEVANCE.—Any services provided pursuant
to a grant funded under this section shall be provided in a culturally
relevant manner.’’.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANTS.
Section 120 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (34 U.S.C. 20123) is
amended—
(1) in subsection (b)(3), by inserting ‘‘Native Hawaiian,’’
before ‘‘or local organization’’;
(2) in subsection (d)—
(A) in paragraph (4)—
(i) by striking ‘‘effectiveness’’ and inserting
‘‘response’’;
(ii) by inserting ‘‘population-specific’’ before
‘‘training’’; and
(iii) by striking ‘‘or’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(6) developing, enlarging, or strengthening culturally specific programs and projects to provide culturally specific services
regarding responses to, and prevention of, female genital
mutilation and cutting; or
‘‘(7) strengthening the response of social and human services by providing population-specific training for service providers on domestic violence, dating violence, sexual assault,
or stalking in underserved populations.’’; and
(3) in subsection (g)—
(A) by striking ‘‘$2,000,000’’ and inserting ‘‘$6,000,000’’;
and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2023 through 2027’’.
SEC. 106. CRIMINAL PROVISIONS.
Section 2265(d)(3) of title 18, United States Code, is amended—
(1) by striking ‘‘restraining order or injunction,’’; and
(2) by adding at the end the following: ‘‘The prohibition
under this paragraph applies to all protection orders for the
protection of a person residing within a State, territorial, or
Tribal jurisdiction, whether or not the protection order was
issued by that State, territory, or Tribe.’’.
Applicability.
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SEC. 107. RAPE SURVIVOR CHILD CUSTODY.
Section 409 of the Justice for Victims of Trafficking Act of
2015 (34 U.S.C. 21308) is amended by striking ‘‘2015 through 2019’’
and inserting ‘‘2023 through 2027’’.
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PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
Section 121 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (34 U.S.C. 20124) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘paragraph (a)(2) of this subsection’’
and inserting ‘‘paragraph (2)’’; and
(ii) by striking ‘‘shall take 5 percent of such appropriated amounts’’ and inserting ‘‘shall take 15 percent
of such appropriated amounts for the program under
paragraph (2)(A) and 5 percent of such appropriated
amounts for the programs under subparagraphs (B)
through (E) of paragraph (2)’’; and
(B) by adding at the end the following:
‘‘(3) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In
addition to the amounts made available under paragraph (1),
there are authorized to be appropriated to carry out this section
$25,000,000 for each of fiscal years 2023 through 2027.
‘‘(4) DISTRIBUTION.—
‘‘(A) IN GENERAL.—Of the total amount available for
grants under this section, not less than 40 percent of such
funds shall be allocated for programs or projects that meaningfully address non-intimate partner relationship sexual
assault.
‘‘(B)
ALTERNATIVE
ALLOCATION.—Notwithstanding
40002(b)(11) of the Violence Against Women Act of 1994
(34 U.S.C. 12291(b)(11)), the Director may allocate a portion
of funds described in subparagraph (A) to enhanced technical assistance relating to non-intimate partner sexual
assault if the Office on Violence Against Women does not
receive sufficient qualified applications proposing to
address non-intimate partner relationship sexual assault.’’;
(2) in subsection (b)(3), by adding at the end the following:
‘‘Not less than 1 such organization shall have demonstrated
expertise primarily in domestic violence services, and not less
than 1 such organization shall have demonstrated expertise
primarily in non-intimate partner sexual assault services.’’;
(3) by striking subsection (e); and
(4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.
Time period.
SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.
(a) IN GENERAL.—The Violence Against Women Act of 1994
(title IV of Public Law 103–322), as amended by section 205, is
further amended by adding at the end the following:
‘‘Subtitle R—Restorative Practices
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34 USC 12514.
‘‘SEC. 41801. PILOT PROGRAM ON RESTORATIVE PRACTICES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director
of the Office on Violence Against Women.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 853
‘‘(A) a State;
‘‘(B) a unit of local government;
‘‘(C) a tribal government;
‘‘(D) a tribal organization;
‘‘(E) a victim service provider;
‘‘(F) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)); and
‘‘(G) a private or public nonprofit organization,
including—
‘‘(i) a tribal nonprofit organization; and
‘‘(ii) a faith-based nonprofit organization.
‘‘(3) RESTORATIVE PRACTICE.—The term ‘restorative practice’ means a practice relating to a specific harm that—
‘‘(A) is community-based and unaffiliated with any civil
or criminal legal process;
‘‘(B) is initiated by a victim of the harm;
‘‘(C) involves, on a voluntary basis and without any
evidence of coercion or intimidation of any victim of the
harm by any individual who committed the harm or anyone
associated with any such individual—
‘‘(i) 1 or more individuals who committed the harm;
‘‘(ii) 1 or more victims of the harm; and
‘‘(iii) the community affected by the harm through
1 or more representatives of the community;
‘‘(D) shall include and has the goal of—
‘‘(i) collectively seeking accountability from 1 or
more individuals who committed the harm;
‘‘(ii) developing a written process whereby 1 or
more individuals who committed the harm will take
responsibility for the actions that caused harm to 1
or more victims of the harm; and
‘‘(iii) developing a written course of action plan—
‘‘(I) that is responsive to the needs of 1 or
more victims of the harm; and
‘‘(II) upon which 1 or more victims, 1 or more
individuals who committed the harm, and the
community can agree; and
‘‘(E) is conducted in a victim services framework that
protects the safety and supports the autonomy of 1 or
more victims of the harm and the community.
‘‘(b) GRANTS AUTHORIZED.—The Director shall award grants
to eligible entities to develop and implement a program, or to
assess best practices, for—
‘‘(1) restorative practices to prevent or address domestic
violence, dating violence, sexual assault, or stalking;
‘‘(2) training by eligible entities, or for eligible entities,
courts, or prosecutors, on restorative practices and program
implementation; and
‘‘(3) evaluations of a restorative practice described in paragraph (1).
‘‘(c) PRIORITY.—In awarding grants under subsection (b), the
Director shall give priority to eligible entities that submit proposals
that meaningfully address the needs of culturally specific or underserved populations.
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Evaluations.
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Risk assessment.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(d) QUALIFICATIONS.—To be eligible to receive a grant under
this section, an eligible entity shall demonstrate a history of comprehensive training and experience in working with victims of
domestic violence, dating violence, sexual assault, or stalking.
‘‘(e) PROGRAM REQUIREMENTS.—
‘‘(1) IN GENERAL.—An eligible entity or a subgrantee of
an eligible entity that offers a restorative practices program
with funds awarded under this section shall ensure that such
program—
‘‘(A) includes set practices and procedures for screening
the suitability of any individual who committed a harm
based on—
‘‘(i) the history of civil and criminal complaints
against the individual involving domestic violence,
sexual assault, dating violence, or stalking;
‘‘(ii) parole or probation violations of the individual
or whether active parole or probation supervision of
the individual is being conducted for prior offenses
involving domestic violence, sexual assault, dating
violence, or stalking;
‘‘(iii) the risk to the safety of any victim of the
harm based on an evidence-based risk assessment;
‘‘(iv) the risk to public safety, including an evidence-based risk assessment of the danger to the
public; and
‘‘(v) past participation of any individual who committed the harm in restorative practice programing;
and
‘‘(B) denies eligibility to participate in the program
for any individual who committed a harm against whom
there is—
‘‘(i) a pending felony or misdemeanor prosecution
for an offense against any victim of the harm or a
dependent of any such victim;
‘‘(ii) a restraining order or a protection order (as
defined in section 2266 of title 18, United States Code)
that protects any victim of the harm or a dependent
of any such victim, unless there is an exception in
the restraining order or protective order allowing for
participation in a restorative practices program;
‘‘(iii) a pending criminal charge involving or
relating to sexual assault, including rape, human trafficking, or child abuse, including child sexual abuse;
or
‘‘(iv) a conviction for child sexual abuse against
the victim or a sibling of the victim if the victim
or sibling of the victim is currently a minor.
‘‘(2) REFERRAL.—With respect to a risk assessment
described in paragraph (1)(A)(iii) for which an eligible entity
or a subgrantee of an eligible entity determines that a victim
or a dependent of a victim are at significant risk of subsequent
serious injury, sexual assault, or death, the eligible entity or
subgrantee shall refer the victim or dependent to other victim
services, instead of restorative practices.
‘‘(f) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—For the purpose of section 40002(b)(2), an individual
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described in subsection (a)(3)(C) shall be considered a person
receiving services.
‘‘(g) RELATION TO CRIMINAL JUSTICE INTERVENTION.—Restorative practices performed with funds awarded under this section
are not intended to function as a replacement for criminal justice
intervention for a specific harm.
‘‘(h) REPORTS.—
‘‘(1) REPORT TO DIRECTOR.—As a part of the report required
to be submitted under section 40002(b)(6), an eligible entity
that receives a grant under this section shall annually submit
to the Director information relating to the effectiveness of the
restorative practices carried out with amounts from the grant,
including—
‘‘(A) the number of individuals for whom the eligible
entity supported a restorative practice;
‘‘(B) if applicable, the number of individuals who—
‘‘(i) sought restorative practices from the eligible
entity; and
‘‘(ii) the eligible entity could not serve;
‘‘(C) if applicable, the number of individuals—
‘‘(i) who sought restorative practice training;
‘‘(ii) who received restorative practice training;
‘‘(iii) who provided restorative practice training;
and
‘‘(iv) to whom the eligible entity could not provide
restorative practice training;
‘‘(D) a victim evaluation component that is documented
through survey or interview, including the satisfaction of
victims of a harm with the restorative practice services;
‘‘(E) if applicable, the number of individuals who committed a harm and—
‘‘(i) successfully completed and executed a written
course of action plan;
‘‘(ii) failed to successfully complete and execute
a written course of action plan; and
‘‘(iii) were involved in a criminal or civil complaint
involving domestic violence, dating violence, sexual
assault, or stalking against the victims or victims
during the course of the restorative practice process;
and
‘‘(F) any other qualitative or quantitative information
determined by the Director.
‘‘(2) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this section, and biennially thereafter,
the Director shall submit to Congress a report that summarizes
the reports received by the Director under paragraph (1).
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Director such sums as may be necessary
for each of fiscal years 2023 through 2027 to carry out this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
2 of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322) is amended by inserting after the item
relating to section 41601 the following:
Evaluation.
Summaries.
Time period.
108 Stat. 1796.
‘‘Subtitle R—Restorative Practices
‘‘Sec. 41801. Pilot program on restorative practices.’’.
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PUBL103
136 STAT. 856
PUBLIC LAW 117–103—MAR. 15, 2022
TITLE II—IMPROVING SERVICES FOR
VICTIMS
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Contracts.
Section 41601 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12511) is amended—
(1) in subsection (b)—
(A) in paragraph (2)(C)(iii), by inserting ‘‘direct payments,’’ before ‘‘and comprehensive’’; and
(B) in paragraph (4), by striking ‘‘0.25 percent’’ and
inserting ‘‘0.5 percent’’;
(2) in subsection (c)—
(A) in paragraph (4)—
(i) by striking ‘‘(4) DISTRIBUTION’’ and all that follows through ‘‘The Attorney General’’ and inserting
the following:
‘‘(4) DISTRIBUTION.—The Attorney General’’; and
(ii) by striking subparagraph (B);
(B) by redesignating paragraph (6) as paragraph (7);
and
(C) by inserting after paragraph (5) the following:
‘‘(6) TECHNICAL ASSISTANCE.—The Attorney General shall
provide technical assistance to recipients of grants under this
subsection by entering into a cooperative agreement or contract
with a national, nonprofit, nongovernmental organization or
organizations whose primary focus and expertise is in
addressing sexual assault within culturally specific communities.’’; and
(3) in subsection (f)—
(A) in paragraph (1), by striking ‘‘$40,000,000 to remain
available until expended for each of fiscal years 2014
through 2018’’ and inserting ‘‘$100,000,000 to remain available until expended for each of fiscal years 2023 through
2027’’; and
(B) in paragraph (2)(B)—
(i) by striking ‘‘2.5’’ and inserting ‘‘8’’; and
(ii) by striking the semicolon at the end and
inserting ‘‘of which not less than 20 percent shall be
available for technical assistance to recipients and
potential recipients of grants under subsection (c);’’.
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SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994
(34 U.S.C. 12341) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3)(B), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) to develop, expand, implement, and improve the quality
of sexual assault forensic medical examination or sexual assault
nurse examiner programs.’’;
(2) in subsection (b)—
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136 STAT. 857
(A) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(B) in paragraph (5)—
(i) by inserting after ‘‘by the lack of access to’’
the following: ‘‘quality forensic sexual assault examinations by trained health care providers,’’; and
(ii) by striking ‘‘shelters and’’ and inserting ‘‘shelters, and’’; and
(3) in subsection (e)(1), by striking ‘‘$50,000,000 for each
of fiscal years 2014 through 2018’’ and inserting ‘‘$100,000,000
for each of fiscal years 2023 through 2027’’.
SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST INDIVIDUALS WITH DISABILITIES AND DEAF
PEOPLE.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20122) is amended—
(1) in the heading—
(A) by striking ‘‘WOMEN’’ and inserting ‘‘INDIVIDUALS’’;
and
(B) by inserting after ‘‘DISABILITIES’’ the following:
‘‘AND DEAF PEOPLE’’;
(2) in subsection (a)(1)—
(A) by striking ‘‘and sexual assault’’ and inserting
‘‘sexual assault, and abuse by caregivers’’; and
(B) by inserting after ‘‘with disabilities (as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102))’’ the following: ‘‘and Deaf people’’;
(3) in subsection (b)—
(A) by striking ‘‘disabled individuals’’ each place it
appears and inserting ‘‘individuals with disabilities and
Deaf people’’;
(B) in paragraph (3), by inserting after ‘‘law enforcement’’ the following: ‘‘and other first responders’’; and
(C) in paragraph (8), by striking ‘‘providing advocacy
and intervention services within’’ and inserting ‘‘to enhance
the capacity of’’;
(4) in subsection (c)(1)(D), by striking ‘‘disabled individuals’’
and inserting ‘‘individuals with disabilities and Deaf people’’;
and
(5) in subsection (e)—
(A)
by
striking
‘‘$9,000,000’’
and
inserting
‘‘$15,000,000’’; and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2023 through 2027’’.
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SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Subtitle H of the Violence Against Women Act of 1994 (34
U.S.C. 12421 et seq.) is amended—
(1) in the subtitle heading, by striking ‘‘Enhanced
Training’’ and inserting ‘‘Training’’; and
(2) in section 40801 (34 U.S.C. 12421)—
(A) in the section heading, by striking ‘‘ENHANCED
TRAINING’’ and inserting ‘‘TRAINING’’;
(B) by striking subsection (a); and
(C) in subsection (b)—
(i) by striking ‘‘(b) GRANT PROGRAM.—’’ and all
that follows through paragraph (1) and inserting the
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PUBLIC LAW 117–103—MAR. 15, 2022
following: ‘‘The Attorney General shall make grants
to eligible entities in accordance with the following:’’;
(ii) by redesignating paragraphs (2) through (5)
as paragraphs (1) through (4), respectively;
(iii) in paragraph (1), as so redesignated—
(I) by striking ‘‘, including domestic violence,
dating violence, sexual assault, stalking, exploitation, and neglect’’ each place it appears;
(II) in subparagraph (A)—
(aa) in clause (i)—
(AA) by striking ‘‘elder abuse’’ and
inserting ‘‘abuse in later life’’; and
(BB) by striking ‘‘victim advocates,
and’’ and inserting ‘‘victim advocates, or’’;
and
(bb) in clause (iv), by striking ‘‘advocates,
victim service providers, and courts to better
serve victims of abuse in later life’’ and
inserting ‘‘leaders, victim advocates, victim
service providers, courts, and first responders
to better serve older victims’’; and
(III) in subparagraph (B)—
(aa) in clause (i), by striking ‘‘or other
community-based organizations in recognizing
and addressing instances of abuse in later life’’
and inserting ‘‘community-based organizations, or other professionals who may identify
or respond to abuse in later life’’; and
(bb) in clause (ii), by striking ‘‘elder abuse
and’’;
(iv) in paragraph (2), as so redesignated—
(I) in subparagraph (A)—
(aa) in clause (iv), by striking ‘‘with demonstrated experience in assisting individuals
over 50 years of age’’; and
(bb) in clause (v), by striking ‘‘with demonstrated experience in addressing domestic
violence, dating violence, sexual assault, and
stalking’’; and
(II) in subparagraph (B)(iv), by striking ‘‘in
later life;’’ and inserting ‘‘50 years of age or over.’’;
and
(v) in paragraph (4), as so redesignated—
(I) by striking ‘‘$9,000,000’’ and inserting
‘‘$10,000,000’’; and
(II) by striking ‘‘2014 through 2018’’ and
inserting ‘‘2023 through 2027’’.
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Grants.
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Abby Honold Act.
SEC. 205. ABBY HONOLD ACT.
34 USC 10101
note.
(a) SHORT TITLE.—This section may be cited as the ‘‘Abby
Honold Act’’.
(b) AMENDMENT.—Title IV of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) is amended
by adding at the end the following:
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136 STAT. 859
‘‘Subtitle Q—Trauma-Informed, VictimCentered Training for Law Enforcement
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‘‘SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED,
VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘Attorney General’ means the Attorney General, acting through the Director of the Office on Violence
Against Women;
‘‘(2) the term ‘covered individual’ means an individual who
interfaces with victims of domestic violence, dating violence,
sexual assault, and stalking, including—
‘‘(A) an individual working for or on behalf of an eligible
entity;
‘‘(B) an administrator or personnel of a school, university, or other educational program or activity (including
a campus police officer or a school resource officer); and
‘‘(C) an emergency services or medical employee;
‘‘(3) the term ‘demonstration site’, with respect to an eligible
entity that receives a grant under this section, means the
area over which the eligible entity has jurisdiction;
‘‘(4) the term ‘eligible entity’ means a State, local, territorial, or Tribal law enforcement agency; and
‘‘(5) the term ‘mandatory partner’ means a national,
regional, or local victim services organization or agency working
in collaboration with a law enforcement agency described in
paragraph (4).
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General shall award grants
on a competitive basis to eligible entities to collaborate with
their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or
promising investigative policies and practices to incorporate
trauma-informed, victim-centered techniques designed to—
‘‘(A) prevent re-traumatization of the victim;
‘‘(B) ensure that covered individuals use evidence-based
practices to respond to and investigate cases of domestic
violence, dating violence, sexual assault, and stalking;
‘‘(C) improve communication between victims and law
enforcement officers in an effort to increase the likelihood
of the successful investigation and prosecution of the
reported crime in a manner that protects the victim to
the greatest extent possible;
‘‘(D) increase collaboration among stakeholders who
are part of the coordinated community response to domestic
violence, dating violence, sexual assault, and stalking; and
‘‘(E) evaluate the effectiveness of the training process
and content.
‘‘(2) AWARD BASIS.—The Attorney General shall award
grants under this section to multiple eligible entities for use
in a variety of settings and communities, including—
‘‘(A) urban, suburban, Tribal, remote, and rural areas;
‘‘(B) college campuses; or
‘‘(C) traditionally underserved communities.
‘‘(c) USE OF FUNDS.—An eligible entity that receives a grant
under this section shall use the grant to—
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Grants.
34 USC 12513.
Evaluation.
PUBL103
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136 STAT. 860
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(1) train covered individuals within the demonstration
site of the eligible entity to use evidence-based, traumainformed, and victim-centered techniques and knowledge of
crime victims’ rights throughout an investigation into domestic
violence, dating violence, sexual assault, or stalking, including
by—
‘‘(A) conducting victim interviews in a manner that—
‘‘(i) elicits valuable information about the domestic
violence, dating violence, sexual assault, or stalking;
and
‘‘(ii) avoids re-traumatization of the victim;
‘‘(B) conducting field investigations that mirror best
and promising practices available at the time of the investigation;
‘‘(C) customizing investigative approaches to ensure
a culturally and linguistically appropriate approach to the
community being served;
‘‘(D) becoming proficient in understanding and
responding to complex cases, including cases of domestic
violence, dating violence, sexual assault, or stalking—
‘‘(i) facilitated by alcohol or drugs;
‘‘(ii) involving strangulation;
‘‘(iii) committed by a non-stranger;
‘‘(iv) committed by an individual of the same sex
as the victim;
‘‘(v) involving a victim with a disability;
‘‘(vi) involving a male victim; or
‘‘(vii) involving a lesbian, gay, bisexual, or
transgender (commonly referred to as ‘LGBT’) victim;
‘‘(E) developing collaborative relationships between—
‘‘(i) law enforcement officers and other members
of the response team; and
‘‘(ii) the community being served; and
‘‘(F) developing an understanding of how to define,
identify, and correctly classify a report of domestic violence,
dating violence, sexual assault, or stalking; and
‘‘(2) promote the efforts of the eligible entity to improve
the response of covered individuals to domestic violence, dating
violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity,
social media, print materials, and community meetings, in order
to ensure that all covered individuals within the demonstration
site of the eligible entity are aware of those efforts and included
in trainings, to the extent practicable.
‘‘(d) DEMONSTRATION PROGRAM TRAININGS ON TRAUMAINFORMED, VICTIM-CENTERED APPROACHES.—
‘‘(1) IDENTIFICATION OF EXISTING TRAININGS.—
‘‘(A) IN GENERAL.—The Attorney General shall identify
trainings for law enforcement officers, in existence as of
the date on which the Attorney General begins to solicit
applications for grants under this section, that—
‘‘(i) employ a trauma-informed, victim-centered
approach to domestic violence, dating violence, sexual
assault, and stalking; and
‘‘(ii) focus on the fundamentals of—
‘‘(I) trauma responses;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 861
‘‘(II) the impact of trauma on victims of
domestic violence, dating violence, sexual assault,
and stalking; and
‘‘(III) techniques for effectively investigating
domestic violence, dating violence, sexual assault,
and stalking.
‘‘(B) SELECTION.—An eligible entity that receives a
grant under this section shall select one or more of the
approaches employed by a training identified under
subparagraph (A) to test within the demonstration site
of the eligible entity.
‘‘(2) CONSULTATION.—In carrying out paragraph (1), the
Attorney General shall consult with the Director of the Office
for Victims of Crime in order to seek input from and cultivate
consensus among outside practitioners and other stakeholders
through facilitated discussions and focus groups on best practices in the field of trauma-informed, victim-centered care for
victims of domestic violence, dating violence, sexual assault,
and stalking.
‘‘(e) EVALUATION.—The Attorney General, in consultation with
the Director of the National Institute of Justice, shall require each
eligible entity that receives a grant under this section to identify
a research partner, preferably a local research partner, to—
‘‘(1) design a system for generating and collecting the appropriate data to facilitate an independent process or impact
evaluation of the use of the grant funds;
‘‘(2) periodically conduct an evaluation described in paragraph (1); and
‘‘(3) periodically make publicly available, during the grant
period—
‘‘(A) preliminary results of the evaluations conducted
under paragraph (2); and
‘‘(B) recommendations for improving the use of the
grant funds.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Attorney General $5,000,000 for each
of fiscal years 2023 through 2027 to carry out this section.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to interfere with the due process rights of any individual.’’.
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SEC. 206. LGBT SPECIFIC SERVICES PROGRAM.
(a) ESTABLISHMENT.—The Attorney General, acting through the
Director of the Violence Against Women Office (referred to in this
section as the ‘‘Director’’), shall make grants to eligible entities
to enhance lesbian, gay, bisexual, and transgender (referred to
in this section as ‘‘LGBT’’) specific services for victims of domestic
violence, dating violence, sexual assault and stalking.
(b) PURPOSE OF PROGRAM AND GRANTS .—
(1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by this section is to promote the following:
(A) The maintenance and replication of existing
successful LGBT specific domestic violence, dating violence,
sexual assault, and stalking community-based programs
providing services and resources for LGBT victims of
domestic violence, dating violence, sexual assault, and
stalking.
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Consultation.
Requirements.
Public
information.
Recommendations.
Grants.
34 USC 20129.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(B) The development of innovative LGBT specific
strategies and projects to enhance access to services and
resources for LGBT victims of domestic violence, dating
violence, sexual assault, and stalking who face obstacles
to using more traditional services and resources.
(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The
Director shall make grants to community-based programs for
the purpose of enhancing LGBT specific services for victims
of domestic violence, dating violence, sexual assault, and
stalking. Grants under the program shall support communitybased efforts to address distinctive LGBT specific responses
to domestic violence, dating violence, sexual assault, and
stalking, including—
(A) providing or enhancing services for LGBT victims
of domestic violence, dating violence, sexual assault, or
stalking, including services that address the safety, emotional well-being, economic, housing, legal and workplace
needs of LGBT victims;
(B) supporting programs that specifically address
underserved LGBT communities, including culturally specific communities, to provide specific resources and support
for LGBT underserved victims of domestic violence, dating
violence, sexual assault, and stalking;
(C) working in cooperation with the community to
develop education and prevention strategies highlighting
LGBT specific issues and resources regarding victims of
domestic violence, dating violence, sexual assault, and
stalking;
(D) conducting outreach activities to ensure that LGBT
people who are victims of domestic violence, dating violence,
stalking, or sexual assault receive appropriate assistance;
(E) providing training for victim service providers,
governmental agencies, courts, law enforcement and other
first responders, and nonprofit, nongovernmental organizations serving the LGBT community about risk reduction,
intervention, prevention, and the nature of domestic
violence, dating violence, stalking, and sexual assault;
(F) developing and implementing LGBT specific
programming that focuses on victim autonomy, agency,
and safety in order to provide resolution and restitution
for the victim; and
(G) providing LGBT specific programs for the nonoffending LGBT parents of children exposed to domestic
violence, dating violence, sexual assault, and stalking.
(3) TECHNICAL ASSISTANCE AND TRAINING.—The Director
shall provide technical assistance and training to grantees of
this and other programs under this Act regarding the development and provision of effective LGBT specific community-based
services by entering into cooperative agreements or contracts
with an organization or organizations having a demonstrated
expertise in and whose primary purpose is addressing the
development and provision of LGBT specific community-based
services to victims of domestic violence, dating violence, sexual
assault, and stalking.
(c) ELIGIBLE ENTITIES.—Eligible entities for grants under this
section include—
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136 STAT. 863
(1) community-based organizations, the primary purpose
of which is providing LGBT specific services to victims of
domestic violence, dating violence, sexual assault, and stalking;
and
(2) community-based organizations, the primary purpose
of which is providing LGBT specific services that can partner
with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and
stalking, and that agrees to receive technical assistance from
a program with LGBT specific expertise.
(d) REPORTING.—The Director shall issue a biennial report on
the distribution of funding under this section, the progress made
in replicating and supporting increased services to LGBT victims
of domestic violence, dating violence, sexual assault, and stalking
and the types of LGBT specific programs, strategies, technical
assistance, and training developed or enhanced through this program.
(e) EVALUATION.—The Director shall award a contract or
cooperative agreement to evaluate programs under this section
to an entity with the demonstrated expertise in and primary goal
of providing enhanced access to services and resources for victims
of domestic violence, dating violence, sexual assault, and stalking
who face obstacles to using more traditional services and resources.
(f) NON-EXCLUSIVITY.—Nothing in this section shall be construed to exclude LGBT community-based organizations from
applying to other grant programs authorized under this Act.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $8,000,000 for each
of fiscal years 2023 through 2027, to remain available until
expended.
Contracts.
Time period.
TITLE III—SERVICES, PROTECTION,
AND JUSTICE FOR YOUNG VICTIMS
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SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b–
1b) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by inserting before the semicolon
at the end the following ‘‘or utilization of other communication technologies for purposes related to such a hotline’’;
(B) in paragraph (3), by striking ‘‘professionals’’ and
inserting ‘‘professionals, including school-based professionals, to identify and refer students who may have experienced or are at risk of experiencing sexual violence’’; and
(C) in paragraph (7)—
(i) by striking ‘‘sexual assault’’ and inserting
‘‘sexual violence, sexual assault, and sexual harassment’’; and
(ii) by inserting ‘‘and Deaf individuals’’ before the
period at the end;
(2) in subsection (b), by striking ‘‘Indian tribal’’ and
inserting ‘‘Indian Tribal’’;
(3) by redesignating subsection (c) and (d) as subsections
(d) and (e), respectively;
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(4) by inserting the following new subsection after subsection (b):
‘‘(c) MEANINGFUL INVOLVEMENT OF STATE SEXUAL ASSAULT
COALITIONS, CULTURALLY SPECIFIC ORGANIZATIONS, AND UNDERSERVED COMMUNITIES.—In awarding funds to States under this
section, the Secretary shall set forth procedures designed to ensure
meaningful involvement of sexual assault coalitions, culturally specific organizations, and representatives from underserved communities of the State or territory in the application for, and
implementation of, funding.’’;
(5) in subsection (d) (as redesignated by paragraph (3))—
(A) in paragraph (1), by striking ‘‘$50,000,000 for each
of fiscal years 2014 through 2018’’ and inserting
‘‘$100,000,000 for each of fiscal years 2023 through 2027’’;
(B) in paragraph (3), by adding at the end the following:
‘‘Not less than 80 percent of the total amount made available under this subsection in each fiscal year shall be
awarded in accordance with this paragraph.’’; and
(C) by adding at the end the following:
‘‘(4) STATE, TERRITORIAL, AND TRIBAL SEXUAL ASSAULT
COALITION ALLOTMENT.—
‘‘(A) IN GENERAL.—Of the total amount appropriated
under this subsection for a fiscal year, not less than 15
percent shall be allocated to State, territorial, and Tribal
sexual assault coalitions for the purposes of coordinating
and providing prevention activities, providing assistance
to prevention programs, and collaborating and coordinating
with applicable Federal, State, Tribal, and local entities
engaged in sexual violence prevention, in accordance with
this paragraph.
‘‘(B) ALLOCATIONS.—Of the total amount appropriated
under this subsection and allocated to making awards to
sexual assault coalitions, as described in subparagraph (A),
for a fiscal year—
‘‘(i) not less than 10 percent shall be made available to Tribal sexual assault coalitions; and
‘‘(ii) any remaining amounts shall be made available, in equal amounts, to each State coalition and
each territorial coalition.
‘‘(C) CLARIFICATION.—Receipt of an award under this
subsection by a sexual assault coalition shall not preclude
the coalition from receiving additional grants or administering funds to carry out the purposes described in subsection (a).’’; and
(6) by adding at the end the following:
‘‘(f) REPORT.—Not later than 1 year after the date of the enactment of the Violence Against Women Act Reauthorization Act of
2022, the Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall submit to the Committee
on Appropriations, the Committee on Energy and Commerce, and
the Committee on the Judiciary of the House of Representatives
and the Committee on Appropriations, the Committee on Health,
Education, Labor, and Pensions, and the Committee on the
Judiciary of the Senate a report on the activities funded by grants
awarded under this section and best practices relating to rape
prevention and education.’’.
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SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.
Section 41201 of the Violence Against Women Act of 1994
(34 U.S.C. 12451) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), in
the first sentence, by striking ‘‘target youth who are
victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking’’ and inserting
‘‘target youth, including youth in underserved populations, who are victims of domestic violence, dating
violence, sexual assault, stalking, and sex trafficking’’;
(ii) in subparagraph (B), by striking ‘‘or’’ at the
end;
(iii) in subparagraph (C), by striking the period
at the end and inserting a semicolon; and
(iv) by inserting after subparagraph (C) the following:
‘‘(D) clarify State or local mandatory reporting policies
and practices regarding peer-on-peer dating violence,
sexual assault, stalking, and sex trafficking; or
‘‘(E) develop, enlarge, or strengthen culturally specific
victim services and responses related to, and prevention
of, female genital mutilation or cutting.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘stalking, or
sex trafficking’’ and inserting ‘‘stalking, sex trafficking,
or female genital mutilation or cutting’’;
(ii) in subparagraph (C), by inserting ‘‘confidential’’
before ‘‘support services’’; and
(iii) in subparagraph (E), by inserting after
‘‘programming for youth’’ the following: ‘‘, including
youth in underserved populations,’’; and
(C) by adding at the end the following:
‘‘(3) CHILDREN EXPOSED TO VIOLENCE AND ABUSE.—To
develop, maintain, or enhance programs designed to prevent
future incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding
to children’s exposure to violence in the home, including by—
‘‘(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including—
‘‘(i) direct counseling or advocacy; and
‘‘(ii) support for the non-abusing parent; and
‘‘(B) training and coordination for educational, afterschool, and childcare programs on how to—
‘‘(i) safely and confidentially identity children and
families experiencing domestic violence, dating
violence, sexual assault, or stalking; and
‘‘(ii) properly refer children exposed and their families to services and violence prevention programs.
‘‘(4) TEEN DATING VIOLENCE AWARENESS AND PREVENTION.—
To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic
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violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and
individuals who influence young individuals, which—
‘‘(A) may include the use evidenced-based, evidenceinformed, or innovative strategies and practices focused
on youth; and
‘‘(B) shall include—
‘‘(i) age and developmentally-appropriate education
on—
‘‘(I) domestic violence;
‘‘(II) dating violence;
‘‘(III) sexual assault;
‘‘(IV) stalking;
‘‘(V) sexual coercion; and
‘‘(VI) healthy relationship skills, in school, in
the community, or in health care settings;
‘‘(ii) community-based collaboration and training
for individuals with influence on youth, such as parents, teachers, coaches, healthcare providers, faith
leaders, older teens, and mentors;
‘‘(iii) education and outreach to change environmental factors contributing to domestic violence, dating
violence, sexual assault, and stalking; and
‘‘(iv) policy development targeted to prevention,
including school-based policies and protocols.’’;
(2) in subsection (c)—
(A) in paragraph (1)(A)—
(i) by inserting ‘‘organization’’ after ‘‘tribal nonprofit’’; and
(ii) by inserting ‘‘Native Hawaiian organization,
urban Indian organization,’’ before ‘‘or population-specific community-based organization’’; and
(B) in paragraph (2)(A), by striking ‘‘paragraph (1)’’
and inserting ‘‘subparagraph (A) or (B) of paragraph (1)’’;
(3) in subsection (d)(3), by striking the period at the end
and inserting ‘‘, including training on working with youth victims of domestic violence, dating violence, sexual assault, or
sex trafficking in underserved populations, if such youth are
among those being served.’’; and
(4) in subsection (f), by striking ‘‘$15,000,000 for each of
fiscal years 2014 through 2018’’ and inserting ‘‘$30,000,000
for each of fiscal years 2023 through 2027’’.
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SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) IN GENERAL.—Section 304 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (34 U.S.C.
20125) is amended—
(1) in subsection (a)—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2);
(2) in subsection (b)—
(A) by amending paragraph (2) to read as follows:
‘‘(2) To develop, strengthen, and implement campus policies,
protocols, and services that more effectively identify and
respond to the crimes of domestic violence, dating violence,
sexual assault, and stalking, including the use of technology
to commit these crimes, and to train campus administrators,
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 867
campus security personnel, and all participants in the resolution process, including personnel from the Title IX coordinator’s
office, student conduct office, and campus disciplinary or
judicial boards on such policies, protocols, and services that
promote a prompt, fair, and impartial investigation.’’;
(B) by amending paragraph (3) to read as follows:
‘‘(3) To provide prevention and education programming
about domestic violence, dating violence, sexual assault, and
stalking, including technological abuse and reproductive and
sexual coercion, that is age-appropriate, culturally relevant,
ongoing, delivered in multiple venues on campus, accessible,
promotes respectful nonviolent behavior as a social norm, and
engages men and boys. Such programming should be developed
in partnership or collaboratively with experts in intimate
partner and sexual violence prevention and intervention.’’;
(C) in paragraph (9), by striking ‘‘and provide’’ and
inserting ‘‘, provide, and disseminate’’;
(D) in paragraph (10), by inserting after ‘‘or adapt’’
the following: ‘‘and disseminate’’; and
(E) by inserting after paragraph (10) the following:
‘‘(11) To train campus health centers and appropriate campus faculty, such as academic advisors or professionals who
deal with students on a daily basis, on how to recognize and
respond to domestic violence, dating violence, sexual assault,
and stalking, including training health providers on how to
provide universal education to all members of the campus
community on the impacts of violence on health and unhealthy
relationships and how providers can support ongoing outreach
efforts.
‘‘(12) To train campus personnel in how to use a victimcentered, trauma-informed interview technique, which means
asking questions of a student or a campus employee who is
reported to be a victim of sexual assault, domestic violence,
dating violence, or stalking, in a manner that is focused on
the experience of the reported victim, that does not judge or
blame the reported victim for the alleged crime, and that is
informed by evidence-based research on trauma response. To
the extent practicable, campus personnel shall allow the
reported victim to participate in a recorded interview and to
receive a copy of the recorded interview.
‘‘(13) To develop and implement restorative practices (as
defined in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a))).’’;
(3) in subsection (c)(3), by striking ‘‘2014 through 2018’’
and inserting ‘‘2023 through 2027’’;
(4) in subsection (d)—
(A) in paragraph (3)—
(i) in subparagraph (B), by striking ‘‘for all
incoming students’’ and inserting ‘‘for all students’’;
and
(ii) by striking subparagraph (D) and inserting
the following:
‘‘(D) The grantee shall train all participants in the
resolution process, including the campus disciplinary board,
the title IX coordinator’s office, and the student conduct
office, to respond effectively to situations involving domestic
violence, dating violence, sexual assault, or stalking.’’; and
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Evaluation.
Assessment.
PUBLIC LAW 117–103—MAR. 15, 2022
(B) in paragraph (4)(C), by inserting after ‘‘sex,’’ the
following: ‘‘sexual orientation, gender identity,’’; and
(5) in subsection (e), by striking ‘‘$12,000,000 for each
of fiscal years 2014 through 2018’’ and inserting ‘‘$15,000,000
for each of fiscal years 2023 through 2027, of which not less
than 10 percent shall be made available for grants to historically Black colleges and universities’’.
(b) REPORT ON BEST PRACTICES REGARDING DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING ON
CAMPUSES.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Education shall submit to Congress
a report, which shall include—
(1) an evaluation of programs, events, and educational
materials related to domestic violence, dating violence, sexual
assault, and stalking; and
(2) an assessment of best practices and guidance from
the evaluation described in paragraph (1), which shall be made
publicly available online to universities and college campuses
to use as a resource.
SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS
AND RELATED COSTS FOLLOWING A SEXUAL ASSAULT.
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List.
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Not later than 270 days after the date of enactment of this
Act, the Comptroller General of the United States shall issue a
report to Congress on requirements and funding of States for
forensic exams conducted after sexual assaults and any related
medical expenses, as applicable, which shall include, with respect
to each State—
(1) the total annual cost of conducting forensic exams
described in section 2010(b) of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b));
(2) each funding source used to pay for the forensic exams
described in section 2010(b) of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b));
(3) a description of any laws or policies of the State to
ensure that individuals do not receive bills for all or part
of the cost of forensic exams conducted after sexual assaults,
consistent with section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b)), including any oversight to ensure those individuals
do not receive bills;
(4) an identification of any best practices implemented
by the State to ensure that individuals do not receive bills
for forensic exams conducted after sexual assaults;
(5) any requirements under laws of the State relating to
payment for medical expenses and ancillary costs relating to
a sexual assault, which may include treatment of injuries associated with the assault, imaging (including x-rays, MRIs, and
CAT scans), and other emergency medical care required as
a result of the sexual assault for which a victim receives a
forensic exam; and
(6) if a law of the State requires the State to pay for
the medical expenses described in paragraph (5)—
(A) a detailed list of which medical expenses require
coverage;
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136 STAT. 869
(B) the total annual cost of medical expenses relating
to a sexual assault for which a victim receives a forensic
exam outside of the cost of the forensic exam; and
(C) each funding source the State uses to pay for
medical expenses relating to a sexual assault for which
a victim receives a forensic exam.
TITLE IV—VIOLENCE REDUCTION
PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Section 402 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 280b–4) is
amended—
(1) in subsection (b), by striking ‘‘violence against women’’
and inserting ‘‘violence against adults, youth,’’; and
(2) in subsection (c), by striking ‘‘the fiscal years 2014
through 2018’’ and inserting ‘‘fiscal years 2023 through 2027’’.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION (SMART PREVENTION) GRANTS.
Section 41303 of the Violence Against Women Act of 1994
(34 U.S.C. 12463) is amended—
(1) in subsection (a), by striking ‘‘taking a comprehensive
approach that focuses on youth, children exposed to violence,
and men’’ and inserting ‘‘focusing on men and youth’’;
(2) in subsection (b)—
(A) by striking ‘‘for the following purposes:’’ and all
that follows through ‘‘(3) ENGAGING MEN AS LEADERS AND
MODELS.—To develop’’ and inserting ‘‘to develop’’; and
(B) by inserting ‘‘and youth’’ after ‘‘men’’ the first 2
times it appears;
(3) in subsection (d)(3)—
(A) in subparagraph (A), 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) include a focus on the unmet needs of underserved
populations.’’;
(4) in subsection (f), by striking ‘‘$15,000,000 for each of
fiscal years 2014 through 2018’’ and inserting ‘‘$20,000,000
for each of fiscal years 2023 through 2027’’; and
(5) by striking subsection (g).
TITLE V—STRENGTHENING THE
HEALTH CARE SYSTEM’S RESPONSE
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SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM’S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
Section 399P of the Public Health Service Act (42 U.S.C. 280g–
4) is amended—
(1) in subsection (a)—
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136 STAT. 870
PUBLIC LAW 117–103—MAR. 15, 2022
(A) in paragraph (1), by inserting ‘‘community health
workers, violence prevention advocates working with health
providers,’’ after ‘‘health staff,’’;
(B) in paragraph (2), by striking ‘‘for medical’’ and
all that follows through ‘‘stalking; and’’ and inserting ‘‘for
medical, psychology, dental, social work, nursing, and other
health profession students, interns, residents, fellows, or
current health care providers (including midwives and
doulas);’’; and
(C) in paragraph (3)—
(i) by striking ‘‘response’’ and inserting ‘‘capacity’’;
(ii) by inserting ‘‘prevent and respond to’’ after
‘‘(including behavioral and mental health programs)
to’’; and
(iii) by striking the period at the end and inserting
a semicolon; and
(D) by adding at the end the following:
‘‘(4) the development or enhancement and implementation
of training programs to improve the capacity of early childhood
programs to address domestic violence, dating violence, sexual
assault, and stalking among families they serve; and
‘‘(5) the development or enhancement and implementation
of comprehensive statewide strategies for health and violence
prevention programs to work together to promote primary
prevention of domestic violence, dating violence, sexual assault,
and stalking.’’;
(2) in subsection (b)(1)—
(A) in subparagraph (A)(i)—
(i) by striking ‘‘to identify and provide’’ and
inserting ‘‘to provide universal education on healthy
relationships and provide trauma-informed’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in subparagraph (A)(ii)—
(i) by striking ‘‘culturally competent clinical
training components’’ and inserting ‘‘training components that center the experiences of, and are developed
in collaboration with, culturally specific individuals and
American Indians and Alaska Natives, and include
community-defined practices such as the use of doulas,
midwives, and traditional healers,’’;
(ii) by inserting ‘‘(including labor and sex trafficking)’’ after ‘‘other forms of violence and abuse’’;
and
(iii) by striking ‘‘disparities’’ and inserting ‘‘inequities’’;
(C) in subparagraph (A), by inserting after clause (ii)
the following:
‘‘(iii) are designed to be inclusive of the experiences
of all individuals, including LGBT individuals, and
include training on improving equity and reducing
disparities in access to health care services and prevention resources; and
‘‘(iv) include training on the use of a universal
prevention education approach to both prevent and
respond to domestic violence, dating violence, sexual
assault, or stalking in health care settings;’’;
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 871
(D) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘response of the health care system’’ and
inserting ‘‘capacity of the health care system to prevent
and respond’’;
(E) in subparagraph (B)(i)—
(i) by striking ‘‘identifying and responding to’’
inserting ‘‘identifying, responding to, and promoting
prevention of’’;
(ii) by inserting ‘‘during in-person or virtual visits’’
after ‘‘and stalking’’; and
(iii) by inserting ‘‘and to maximize victim choice
on the use and sharing of their health information’’
before the semicolon at the end;
(F) in subparagraph (B)(ii)—
(i) by striking ‘‘on-site access to’’ and all that follows through the semicolon at the end and inserting
the following: ‘‘services to address the safety, medical,
and mental health needs of patients by—
‘‘(I) increasing the capacity of existing health
care professionals (including professionals who
specialize in trauma or in substance use disorders)
in behavioral and mental health care, community
health workers, and public health staff to address
domestic violence, dating violence, sexual assault,
stalking, and children exposed to violence;
‘‘(II) contracting with or hiring advocates for
victims of domestic violence or sexual assault to
provide such services; or
‘‘(III) providing funding to State domestic and
sexual violence coalitions to improve the capacity
of such coalitions to coordinate and support health
advocates and other health system partnerships;’’;
(G) in subparagraph (B)(iii)—
(i) by striking ‘‘of identification’’ and inserting ‘‘of
prevention’’;
(ii) by inserting ‘‘during in-person or virtual visits’’
after ‘‘and stalking’’; and
(iii) by striking ‘‘and’’ at the end;
(H) in subparagraph (B)(iv)—
(i) by inserting ‘‘and promote prevention during
in-person or virtual visits,’’ after ‘‘or stalking,’’; and
(ii) by striking the period at the end and inserting
a semicolon;
(I) in subparagraph (B), by adding at the end the
following:
‘‘(v) the development, implementation, dissemination, and evaluation of best practices, tools, and
training materials, including culturally relevant tools,
for mental health, behavioral health, and substance
use disorder professionals to identify and respond to
domestic violence, sexual violence, stalking, and dating
violence; and
‘‘(vi) the development and provision of culturally
relevant training and follow-up technical assistance
to health care professionals, and public health staff,
and allied health professionals to identify, assess, treat,
and refer clients who are victims of domestic violence,
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136 STAT. 872
PUBLIC LAW 117–103—MAR. 15, 2022
dating violence, sexual assault, or stalking from culturally specific communities and promote prevention,
using tools and training materials, developed by and
for culturally specific communities, with priority given
to trainings provided by culturally specific organizations; and’’; and
(J) by inserting after subparagraph (B) the following:
‘‘(C) design and implement comprehensive strategies
to prevent domestic or sexual violence including through
the use of universal education in clinical and public health
settings, hospitals, clinics and other health settings.’’;
(3) in subsection (b)(2)(A)—
(A) in the subparagraph heading, by striking ‘‘CHILD
AND ELDER ABUSE’’ and inserting ‘‘CHILD ABUSE AND ABUSE
IN LATER LIFE’’; and
(B) by striking ‘‘child or elder abuse’’ and inserting
‘‘child abuse or abuse in later life’’;
(4) in subsection (b)(2)(C)(i), by striking ‘‘elder abuse’’ and
inserting ‘‘abuse in later life’’;
(5) in subsection (b)(2)(C)(ii), by inserting ‘‘programs that
promote the prevention of sexual assault as well as’’ after
‘‘implementation of’’;
(6) in subsection (b)(2)(C)(iii)—
(A) by inserting ‘‘and exposure to violence across
generations’’ after ‘‘abuse’’; and
(B) by striking ‘‘or’’ at the end;
(7) in subsection (b)(2)(C)(iv)—
(A) by inserting ‘‘mental health,’’ after ‘‘dental,’’; and
(B) by striking ‘‘exams.’’ and inserting ‘‘exams and
certifications;’’;
(8) in subsection (b)(2)(C), by inserting after clause (iv)
the following:
‘‘(v) providing funding to culturally specific
organizations to improve the capacity of such organizations to engage and partner with health care providers
to support victims and meet increased referrals from
health systems;
‘‘(vi) developing a State-level pilot program to—
‘‘(I) improve the response of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems
to domestic violence, dating violence, sexual
assault, and stalking;
‘‘(II) improve the capacity of substance use
disorder treatment programs, harm reduction programs for people who use substances, and systems
to serve survivors of domestic violence, dating
violence, sexual assault, and stalking dealing with
substance use disorder; and
‘‘(III) improve the capacity of domestic
violence, dating violence, sexual assault, and
stalking programs to serve survivors who have
substance use history; or
‘‘(vii) developing and utilizing existing technical
assistance and training resources to improve the
capacity of substance use disorder treatment programs
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136 STAT. 873
and harm reduction programs for people who use substances to address domestic violence, dating violence,
sexual assault, and stalking among patients the programs serve.’’;
(9) in subsection (c)(3)(A), by striking ‘‘given to outcome
based evaluations.’’ and inserting the following: ‘‘given to—
‘‘(i) outcome based evaluations;
‘‘(ii) culturally specific and population specific
organizations; and
‘‘(iii) programs developing and implementing
community-driven solutions to address domestic
violence, dating violence, sexual assault, or stalking.’’;
(10) in subsection (c)(3)(B)(i)(III), by inserting ‘‘, including
a culturally specific organization or community-based organization working to address the social determinants of health,’’
after ‘‘nonprofit entity’’;
(11) in subsection (c)(3)(C)(ii)—
(A) by striking ‘‘strategies for’’ and inserting the following: ‘‘strategies—
‘‘(I) for’’;
(B) by inserting ‘‘and generations’’ after ‘‘lifespan’’;
(C) by striking ‘‘settings;’’ and inserting ‘‘settings; and’’;
and
(D) by adding at the end the following:
‘‘(II) to address primary prevention of domestic
violence, dating violence, sexual assault, and
stalking over the lifespan and generations,
including strategies that address related social
determinants of health, economic justice, and
equity issues, and that are inclusive of LGBT
individuals;’’;
(12) in subsection (c)(3)(C)(iii), by striking ‘‘State or tribal
law enforcement task forces (where appropriate)’’ and inserting
‘‘culturally specific organizations’’;
(13) in subsection (c)(3)(C)(iv), by inserting ‘‘(including culturally specific organizations)’’ after ‘‘service providers’’;
(14) in subsection (d)(2)(A)—
(A) by inserting ‘‘(including mental health or substance
abuse agencies)’’ after ‘‘of health’’;
(B) by striking ‘‘or mental’’ and inserting ‘‘or behavioral’’; and
(C) by inserting ‘‘and substance use disorder prevention
and treatment’’ before the semicolon at the end;
(15) in subsection (d)(2)(B)—
(A) by inserting ‘‘behavioral health treatment system,’’
after ‘‘hospital,’’;
(B) by striking ‘‘or any other community-based’’ and
inserting ‘‘a community-based’’; and
(C) by inserting ‘‘or substance use disorder prevention
and treatment, or a community-based organization with
a history of partnership with programs in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental
health care or substance use disorder prevention and treatment’’ after ‘‘mental health care’’;
(16) in subsection (g)—
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(A) by striking ‘‘$10,000,000’’ and inserting
‘‘$20,000,000’’; and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2023 through 2027’’; and
(17) in subsection (h)—
(A) by striking ‘‘herein’’; and
(B) by striking ‘‘provided for’’.
SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.
Consultation.
Analysis.
Analysis.
Analysis.
Assessment.
Recommendations.
42 USC 280g–4a.
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(a) STUDY.—The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control
and Prevention and in consultation with the Attorney General,
the Director of the Indian Health Service, and other stakeholders
(including community based organizations), shall conduct a study
on the leading causes of pregnancy-associated morbidity and mortality and the extent which domestic violence, dating violence,
sexual assault, or stalking throughout the United States contribute
to the risk of maternal mortality or morbidity.
(b) REPORTS.—Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services,
in consultation with the Attorney General, the Director of the
Indian Health Service, and other stakeholders (including community
based organizations), shall report to Congress on the study conducted under subsection (a), which shall include the following:
(1) An analysis of the extent to which domestic violence,
dating violence, sexual assault, or stalking contribute to pregnancy-associated morbidity and mortality.
(2) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on access to health care.
(3) A breakdown of individuals particularly impacted by
domestic violence, dating violence, sexual assault, or stalking,
by race and ethnicity, disability status, and sexual orientation
and gender identity.
(4) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on Tribal communities
and among Indians.
(5) An assessment of the factors that increase risks for
infant and maternal mortality or morbidity among victims of
domestic violence, dating violence, sexual assault, or stalking.
(6) Recommendations for legislative or policy changes to
help reduce infant and maternal mortality rates.
(7) Best practices to reduce pregnancy-related deaths
among survivors of domestic violence, dating violence, sexual
assault, or stalking.
(8) Any other information on maternal mortality or morbidity the Secretary determines appropriate to include in the
report.
SEC. 503. UNDERSTANDING SEXUAL ASSAULT CARE IN HEALTH SYSTEMS.
(a) PURPOSE.—It is the purpose of this section to identify areas
for improvement in health care delivery systems providing forensic
examinations to survivors of sexual assault.
(b) GRANTS.—The Secretary of Health and Human Services
(referred to in this section as ‘‘the Secretary’’) shall award grants
to States and Indian Tribes to develop and implement State and
Tribal surveys to identify—
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(1) the availability of, and patient access to, medical
forensic examinations;
(2) the training level of the health care providers who
perform medical forensic examinations;
(3) the hospitals or clinics that offer medical forensic
examinations and whether each hospital or clinic has fulltime, part-time, or on-call coverage;
(4) barriers to medical forensic examinations provided
through sexual assault care and services;
(5) billing and reimbursement practices for medical forensic
examinations;
(6) State and Tribal requirements, minimum standards,
and protocols for training sexual assault examiners for sexual
assault forensic examiners and for other personnel involved
in medical forensic examinations;
(7) the availability of sexual assault forensic examiner
training, the frequency of such training, the providers of such
training, the State’s or Indian Tribe’s role in such training,
and the processes or procedures in place for continuing education of such examiners; and
(8) the dedicated Federal and State funding available to
support sexual assault forensic examiner training.
(c) ELIGIBILITY.—To be eligible to receive a grant under this
section, a State or Indian Tribe shall submit to the Secretary
an application through a competitive process to be determined
by the Secretary.
(d) PUBLIC DISSEMINATION AND CAMPAIGN.—
(1) PUBLIC AVAILABILITY.—The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department
of Health and Human Services on a biennial basis.
(2) CAMPAIGNS.—A State or Indian Tribe that receives a
grant under this section shall carry out the following activities:
(A) Make the findings of the survey conducted using
amounts received under the grant public, including a map
showing health care providers who perform medical forensic
examinations, based on the findings from the State and
Tribal surveys under subsection (b)(3).
(B) Use the findings to develop a strategic action plan
to increase the number of trained medical forensic examiners available in the State or Tribal community and create
policies to increase survivor access to trained examiners.
(C) Use the findings to develop and implement a public
awareness campaign that includes the following:
(i) An online toolkit describing how and where
sexual assault survivors can obtain assistance and
care, including medical forensic examinations, in the
State or Tribal community.
(ii) A model standard response protocol for health
care providers to implement upon arrival of a patient
seeking care for sexual assault.
(iii) A model sexual assault response team protocol
incorporating interdisciplinary community coordination
between hospitals, emergency departments, hospital
administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and
human service agencies and stakeholders with respect
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Determination.
Web posting.
Time period.
Strategic plan.
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to delivering survivor-centered sexual assault care and
medical forensic examinations.
(iv) A notice of applicable laws prohibiting charging
or billing survivors of sexual assault for care and services related to sexual assault.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $7,000,000 for each
of fiscal years 2023 through 2027.
Notice.
Time period.
42 USC 280g–4a
note.
SEC. 504. NATIONAL REPORT ON SEXUAL ASSAULT SERVICES IN OUR
NATION’S HEALTH SYSTEM.
Consultation.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare
Research and Quality, in consultation with the Centers for Medicare
& Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian
Health Service, the Office for Victims of Crime of the Department
of Justice, the Office on Women’s Health of the Department of
Health and Human Services, and the Office of Violence Against
Women of the Department of Justice (collectively referred to in
this section as the ‘‘Agencies’’), shall submit to the Secretary of
Health and Human Services (referred to in this section as ‘‘the
Secretary’’) a report of existing Federal, Indian Tribe, and State
practices relating to medical forensic examinations which may
include the findings of the surveys developed under section 503.
(b) CORE COMPETENCIES.—In conducting activities under this
section, the Agencies shall address sexual assault forensic examination competencies, including—
(1) providing medical care to sexual assault patients;
(2) demonstrating the ability to conduct a medical forensic
examination, including an evaluation for evidence collection;
(3) showing compassion and sensitivity towards survivors
of sexual assault;
(4) testifying in Federal, State, local, and Tribal courts;
and
(5) other competencies, as the Agencies determine appropriate.
(c) PUBLICATION.—The Agency for Healthcare Research and
Quality shall establish, maintain, and publish on the website of
the Department of Health and Human Services an online public
map of availability of sexual assault forensic examinations. Such
maps shall clarify if there is full-time, part-time, or on-call coverage.
(d) REPORT TO CONGRESS.—Not later than 60 days after
receiving the report described in subsection (a), the Secretary shall
submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce and
the Committee on Education and Labor of the House of Representatives recommendations for improving sexual assault forensic examination competencies based on the report described in subsection
(a).
Testimony.
Web posting.
Public
information.
Recommendations.
42 USC 280g–4b
note.
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SEC. 505. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT
EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM.
(a) PURPOSE.—It is the purpose of this section to establish
a pilot program to develop, test, and implement training and continuing education that expands and supports the availability of
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136 STAT. 877
medical forensic examination services for survivors of sexual
assault.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as ‘‘the Secretary’’) shall
establish a National Continuing and Clinical Education Pilot
Program for sexual assault forensic examiners, sexual assault
nurse examiners, and other individuals who perform medical
forensic examinations.
(2) CONSULTATION.—In establishing such program, the Secretary shall consult with the Centers for Medicare & Medicaid
Services, the Centers for Disease Control and Prevention, the
Health Resources and Services Administration, the Indian
Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of
the Department of Justice, and the Office on Women’s Health
of the Department of Health and Human Services, and shall
solicit input from regional, national, and Tribal organizations
with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’
advocacy and support, sexual assault prevention education,
rural health, and responding to sexual violence in Tribal
communities.
(c) FUNCTIONS.—The pilot program established under subsection (b) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules,
webinars, and programs for all hospitals and providers to increase
access to medical forensic examination services and address ongoing
competency issues in medical forensic examination services,
including—
(1) training and continuing education to help support sexual
assault forensic examiners practicing in rural or underserved
areas;
(2) training to help connect sexual assault survivors who
are Indian with sexual assault forensic examiners, including
through emergency first aid, referrals, culturally competent
support, and forensic evidence collection in rural communities;
(3) replication of successful sexual assault forensic examination programs to help develop and improve the evidence
base for medical forensic examinations; and
(4) training to increase the number of medical professionals
who are considered sexual assault forensic examiners based
on the recommendations of the National Sexual Assault
Forensic Examination Training Standards issued by the Office
on Violence Against Women of the Department of Justice.
(d) ELIGIBILITY TO PARTICIPATE IN PILOT PROGRAMS.—The Secretary shall ensure that medical forensic examination services provided under the pilot program established under subsection (b),
and other medical forensic examiner services under the pilot program are provided by health care providers who are also one of
the following:
(1) A physician, including a resident physician.
(2) A nurse practitioner.
(3) A nurse midwife.
(4) A physician assistant.
(5) A certified nurse specialist.
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(6) A registered nurse.
(7) A community health practitioner or a community health
aide who has completed level III or level IV certification and
training requirements.
(e) NATURE OF TRAINING.—The continuing education program
established under this section shall incorporate and reflect current
best practices and standards on medical forensic examination services consistent with the purpose of this section.
(f) AVAILABILITY.—After termination of the pilot program established under subsection (b)(1), the training and continuing education
program established under such program shall be available to all
sexual assault forensic examiners and other providers employed
by, or any individual providing services through, facilities that
receive Federal funding.
(g) EFFECTIVE DATE.—The pilot program established under this
section shall terminate on the date that is 2 years after the date
of such establishment.
(h) AUTHORIZATION.—There are authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years 2023
through 2025.
Time period.
42 USC 280g–4b.
SEC. 506. EXPANDING ACCESS TO UNIFIED CARE.
Grants.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Health and
Human Services (referred to in this section as the ‘‘Secretary’’)
shall establish a program (referred to in this section as the ‘‘program’’) to award grants to eligible entities for the clinical training
of sexual assault forensic examiners (including registered nurses,
nurse practitioners, nurse midwives, clinical nurse specialists,
physician assistants, and physicians) to administer medical forensic
examinations and treatments to survivors of sexual assault.
(b) PURPOSE.—The purpose of the program is to enable each
grant recipient to expand access to medical forensic examination
services by providing new providers with the clinical training necessary to establish and maintain competency in such services and
to test the provisions of such services at new facilities in expanded
health care settings.
(c) GRANTS.—Under the program, the Secretary shall award
3-year grants to eligible entities that meet the requirements established by the Secretary.
(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
this section, an entity shall—
(1) be—
(A) a safety net clinic acting in partnership with a
high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by sexual assault forensic examiners, that
will use grant funds to—
(i) assign rural health care service providers to
the high-volume hospitals for clinical practicum hours
to qualify such providers as sexual assault forensic
examiners; or
(ii) assign practitioners at high-volume hospitals
to rural health care services providers to instruct, oversee, and approve clinical practicum hours in the
community to be served;
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(B) an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of such Code, that provides legal
training and technical assistance to Tribal communities
and to organizations and agencies serving Indians; or
(C) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); and
(2) 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 whether the
applicant will provide services described in subparagraph (A)
or (B) of paragraph (1).
(e) GRANT AMOUNT.—Each grant awarded under this section
shall be in an amount not to exceed $400,000 per year. A grant
recipient may carry over funds from one fiscal year to the next
without obtaining approval from the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
2023 through 2027.
(2) SET-ASIDE.—Of the amount appropriated under this
subsection for a fiscal year, the Secretary shall reserve 15
percent of such amount for purposes of making grants to entities that are affiliated with Indian Tribes or Tribal organizations (as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)), or Urban
Indian organizations (as defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603)). Amounts
reserved may be used to support referrals and the delivery
of emergency first aid, culturally competent support, and
forensic evidence collection training.
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SEC. 507. EXPANDING ACCESS TO FORENSICS FOR VICTIMS OF INTERPERSONAL VIOLENCE.
Application.
Time period.
42 USC 280g–4c.
(a) DEFINITIONS.—In this section:
(1) COMMUNITY HEALTH AIDE; COMMUNITY HEALTH PRACTITIONER.—The terms ‘‘community health aide’’ and ‘‘community
health practitioner’’ have the meanings given such terms for
purposes of section 119 of the Indian Health Care Improvement
Act (25 U.S.C. 1616l).
(2) HEALTH CARE PROVIDER.—The term ‘‘health care provider’’ has the meaning given such term by the Secretary,
and includes registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians.
(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms
‘‘Indian Tribe’’ and ‘‘Tribal organization’’ shall have the
meanings given such terms in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5304).
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(5) INTERPERSONAL VIOLENCE.—The term ‘‘interpersonal
violence’’ means any form of violence that is emotional and
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trauma-inducing for victims, families of victims, perpetrators,
and communities.
(6) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native
Hawaiian organization’’ has the meaning given such term in
section 12 of the Native Hawaiian Health Care Improvement
Act (42 U.S.C. 11711).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(8) TRAUMA-INFORMED CARE.—The term ‘‘trauma-informed
care’’ means care received by trauma survivors that is culturally
competent in accordance with professional standards of practice
and accounting for patients’ experiences and preferences in
order to eliminate or mitigate triggers that may cause retraumatization of the patient.
(9) URBAN INDIAN ORGANIZATION.—The term ‘‘Urban Indian
organization’’ has the meaning given such term in section 4
of the Indian Health Care Improvement Act (25 U.S.C. 1603).
(b) DEMONSTRATION GRANTS FOR COMPREHENSIVE FORENSIC
TRAINING.—
(1) ESTABLISHMENT OF PROGRAM.—The Secretary shall
establish a demonstration program to award grants to eligible
entities for the clinical training of health care providers to
provide generalist forensic services and trauma-informed care
to survivors of interpersonal violence of all ages.
(2) PURPOSE.—The purpose of the demonstration program
under this subsection is to develop training and curriculum
to provide health care providers with the skills to support
the provision of forensic assessment and trauma-informed care
to individuals, families, and communities that have experienced
violence or trauma and to be available to collaborate with
members of an inter-professional forensic team.
(3) TERM.—Grants under this subsection shall be for a
term of 5 years.
(4) ELIGIBLE ENTITIES.—To be eligible to receive a grant
under this subsection, an entity shall—
(A) be an institute of higher education, including a
minority serving institution as described in section 371
of the Higher Education Act of 1965 (20 U.S.C. 1067q);
and
(B) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
(5) GRANT AMOUNT.—Each grant awarded under this subsection shall be in an amount that does not exceed $400,000
per year. A grant recipient may carry over funds from one
fiscal year to the next without obtaining approval from the
Secretary.
(6) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $5,000,000 for each
of fiscal years 2023 through 2027.
(B) SET-ASIDE.—Of the amount appropriated under this
paragraph for a fiscal year, the Secretary shall reserve
10 percent for purposes of making grants to support
training and curricula that addresses the unique needs
of Indian Tribes, Tribal organizations, Urban Indian
organizations, and Native Hawaiian organizations.
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Amounts so reserved may be used to support training,
referrals, and the delivery of emergency first aid, culturally
competent support, and forensic evidence collection
training.
(c) TECHNICAL ASSISTANCE GRANTS AND LEARNING COLLECTIVES.—
(1) IN GENERAL.—The Secretary shall establish a State
and Tribal forensic provider technical resource center to provide
technical assistance and support collaboration and best practices for health care providers, community health aides, and
community health practitioners to improve the quality of, and
increase access to, forensic services for all survivors of interpersonal violence. The Secretary may enter into contracts with
national experts for purposes of carrying out this subsection.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection, $2,000,000
for each of fiscal years 2023 through 2027.
(d) NATIONAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Office for
Victims of Crime of the Department of Justice, the Centers for
Disease Control and Prevention, the Health Resources and Services
Administration, the Indian Health Service, the Office on Women’s
Health of the Department of Health and Human Services, and
the Office on Violence Against Women of the Department of Justice
shall jointly submit to the Secretary a report on the need for,
throughout the States, Indian Tribes, and territories—
(1) access to generalist medical forensic services, evidence
collection, and documentation that aids in meeting the needs
of health care patients and improves future law enforcement
investigation and prosecution; and
(2) data for research to support the response to and prevention of interpersonal violence, improved ability of health care
providers to adequately respond to patients who exhibit signs
of victimization, and address the unique needs of Tribal communities.
Contracts.
Time period.
TITLE VI—SAFE HOMES FOR VICTIMS
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SEC.
601.
HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Section 41411(a) of the Violence Against Women Act of 1994
(34 U.S.C. 12491(a)) is amended—
(1) in paragraph (1)(A), by striking ‘‘brother, sister,’’ and
inserting ‘‘sibling,’’; and
(2) in paragraph (3)—
(A) in subparagraph (A), by inserting before the semicolon at the end the following: ‘‘, including the direct loan
program under such section’’;
(B) in subparagraph (D), by striking ‘‘the program
under subtitle A of’’ and inserting ‘‘the programs under’’;
(C) in subparagraph (I)—
(i) by striking ‘‘sections 514, 515, 516, 533, and
538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485,
1486, 1490m, and 1490p–2)’’ and inserting ‘‘sections
514, 515, 516, 533, 538, and 542 of the Housing Act
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PUBLIC LAW 117–103—MAR. 15, 2022
of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p–
2, 1490r)’’; and
(ii) by striking ‘‘and’’ at the end;
(D) in subparagraph (J), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(K) the provision of assistance from the Housing Trust
Fund established under section 1338 of the Federal
Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4501);
‘‘(L) the provision of assistance for housing under the
Comprehensive Service Programs for Homeless Veterans
program under subchapter II of chapter 20 of title 38,
United States Code;
‘‘(M) the provision of assistance for housing and facilities under the grant program for homeless veterans with
special needs under section 2061 of title 38, United States
Code;
‘‘(N) the provision of assistance for permanent housing
under the program for financial assistance for supportive
services for very low-income veteran families in permanent
housing under section 2044 of title 38, United States Code;
‘‘(O) the provision of transitional housing assistance
for victims of domestic violence, dating violence, sexual
assault, or stalking under the grant program under chapter
11 of subtitle B; and
‘‘(P) any other Federal housing programs providing
affordable housing to low- and moderate-income persons
by means of restricted rents or rental assistance, or more
generally providing affordable housing opportunities, as
identified by the appropriate agency through regulations,
notices, or any other means.’’.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING RETALIATION AGAINST VICTIMS.
Chapter 2 of subtitle N of title IV of the Violence Against
Women Act of 1994 (34 U.S.C. 12491 et seq.) is amended by
inserting after section 41411 the following:
34 USC 12492.
‘‘SEC. 41412. COMPLIANCE REVIEWS.
‘‘(a) REGULAR COMPLIANCE REVIEWS.—
‘‘(1) IN GENERAL.—Each appropriate agency shall establish
a process by which to review compliance with the requirements
of this subtitle, which shall—
‘‘(A) where possible, be incorporated into other existing
compliance review processes of the appropriate agency, in
consultation with the Gender-based Violence Prevention
Office and Violence Against Women Act Director described
in section 41413 and any other relevant officials of the
appropriate agency; and
‘‘(B) examine—
‘‘(i) compliance with requirements prohibiting the
denial of assistance, tenancy, or occupancy rights on
the basis of domestic violence, dating violence, sexual
assault, or stalking;
‘‘(ii) compliance with confidentiality provisions set
forth in section 41411(c)(4);
Consultation.
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Examination.
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‘‘(iii) compliance with the notification requirements
set forth in section 41411(d)(2);
‘‘(iv) compliance with the provisions for accepting
documentation set forth in section 41411(c);
‘‘(v) compliance with emergency transfer requirements set forth in section 41411(e); and
‘‘(vi) compliance with the prohibition on retaliation
set forth in section 41414.
‘‘(2) FREQUENCY.—Each appropriate agency shall conduct
the review described in paragraph (1) on a regular basis, as
determined by the appropriate agency.
‘‘(b) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Violence Against Women Act Reauthorization Act of 2022, each appropriate agency shall issue regulations
in accordance with section 553 of title 5, United States Code,
to implement subsection (a) of this section, which shall—
‘‘(A) define standards of compliance under covered
housing programs;
‘‘(B) include detailed reporting requirements, including
the number of emergency transfers requested and granted,
as well as the length of time needed to process emergency
transfers; and
‘‘(C) include standards for corrective action plans where
compliance standards have not been met.
‘‘(2) CONSULTATION.—In developing the regulations under
paragraph (1), an appropriate agency shall engage in additional
consultation with appropriate stakeholders including, as appropriate—
‘‘(A) individuals and organizations with expertise in
the housing needs and experiences of victims of domestic
violence, dating violence, sexual assault and stalking; and
‘‘(B) individuals and organizations with expertise in
the administration or management of covered housing programs, including industry stakeholders and public housing
agencies.
‘‘(c) PUBLIC DISCLOSURE.—Each appropriate agency shall ensure
that an agency-level assessment of the information collected during
the compliance review process completed pursuant to this subsection—
‘‘(1) includes an evaluation of each topic identified in subsection (a); and
‘‘(2) is made publicly available.
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‘‘SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GENDER-BASED VIOLENCE PREVENTION OFFICE AND
VIOLENCE AGAINST WOMEN ACT DIRECTOR.
Deadline.
Standards.
Evaluation.
34 USC 12493.
‘‘(a) ESTABLISHMENT.—The Secretary of Housing and Urban
Development shall establish a Gender-based Violence Prevention
Office with a Violence Against Women Act Director (in this section
referred to as the ‘Director’).
‘‘(b) DUTIES.—The Director shall, among other duties—
‘‘(1) support implementation of this chapter;
‘‘(2) coordinate with Federal agencies on legislation,
implementation, and other issues affecting the housing provisions under this subtitle, as well as other issues related to
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advancing housing protections for victims of domestic violence,
dating violence, sexual assault, and stalking;
‘‘(3) coordinate with State and local governments and agencies, including State housing finance agencies, regarding
advancing housing protections and access to housing for victims
of domestic violence, dating violence, sexual assault, and
stalking;
‘‘(4) ensure that technical assistance and support are provided to each appropriate agency and housing providers
regarding implementation of this subtitle, as well as other
issues related to advancing housing protections for victims of
domestic violence, dating violence, sexual assault, and stalking,
including compliance with this subtitle;
‘‘(5) implement internal systems to track, monitor, and
address compliance failures; and
‘‘(6) address the housing needs and barriers faced by victims
of sexual assault, as well as sexual coercion and sexual harassment by a public housing agency or owner or manager of
housing assisted under a covered housing program.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal years 2023 through 2027.
Time period.
34 USC 12494.
‘‘SEC. 41414. PROHIBITION ON RETALIATION.
‘‘(a) NON-RETALIATION REQUIREMENT.—No public housing
agency or owner or manager of housing assisted under a covered
housing program shall discriminate against any person because
that person has opposed any act or practice made unlawful by
this subtitle, or because that person testified, assisted, or participated in any matter related to this chapter.
‘‘(b) PROHIBITION ON COERCION.—No public housing agency or
owner or manager of housing assisted under a covered housing
program shall coerce, intimidate, threaten, or interfere with, or
retaliate against, any person in the exercise or enjoyment of, on
account of the person having exercised or enjoyed, or on account
of the person having aided or encouraged any other person in
the exercise or enjoyment of, any rights or protections under this
chapter, including—
‘‘(1) intimidating or threatening any person because that
person is assisting or encouraging a person entitled to claim
the rights or protections under this chapter; and
‘‘(2) retaliating against any person because that person
has participated in any investigation or action to enforce this
chapter.
‘‘(c) IMPLEMENTATION.—The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce
this chapter consistent with, and in a manner that provides, the
rights and remedies provided for in title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.).’’.
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SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE’S
HOME.
Chapter 2 of subtitle N of title IV of the Violence Against
Women Act of 1994 (34 U.S.C. 12491 et seq.), as amended by
this Act, is further amended by inserting after section 41414 the
following:
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‘‘SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES FROM
ONE’S HOME.
‘‘(a) DEFINITION.—In this section, the term ‘covered governmental entity’ means any municipal, county, or State government
that receives funding under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
‘‘(b) RIGHT TO REPORT.—
‘‘(1) IN GENERAL.—Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing—
‘‘(A) shall have the right to seek law enforcement or
emergency assistance on their own behalf or on behalf
of another person in need of assistance; and
‘‘(B) shall not be penalized based on their requests
for assistance or based on criminal activity of which they
are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities.
‘‘(2) PROHIBITED PENALTIES.—Penalties that are prohibited
under paragraph (1) include—
‘‘(A) actual or threatened assessment of monetary or
criminal penalties, fines, or fees;
‘‘(B) actual or threatened eviction;
‘‘(C) actual or threatened refusal to rent or renew tenancy;
‘‘(D) actual or threatened refusal to issue an occupancy
permit or landlord permit; and
‘‘(E) actual or threatened closure of the property, or
designation of the property as a nuisance or a similarly
negative designation.
‘‘(c) REPORTING.—Consistent with the process described in section 104(b) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(b)), covered governmental entities shall—
‘‘(1) report any of their laws or policies, or, as applicable,
the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants,
guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity
that occurred at a property; and
‘‘(2) certify that they are in compliance with the protections
under this subtitle or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees.
‘‘(d) IMPLEMENTATION.—The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce
this chapter consistent with, and in a manner that provides, the
same rights and remedies as those provided for in title VIII of
the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).
‘‘(e) SUBGRANTEES.—For those covered governmental entities
that distribute funds to subgrantees, compliance with subsection
(c)(1) includes inquiring about the existence of laws and policies
adopted by subgrantees that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants
based on requests for law enforcement or emergency assistance
or based on criminal activity that occurred at a property.’’.
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34 USC 12495.
Certification.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
Section 40299 of the Violence Against Women Act of 1994
(34 U.S.C. 12351) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1)—
(A) by striking ‘‘the Director of the Violence Against
Women Office’’ and inserting ‘‘the Director of the Office
on Violence Against Women’’; and
(B) by inserting after ‘‘, other nonprofit, nongovernmental organizations’’ the following: ‘‘, population-specific
organizations’’; and
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘2014 through 2018’’
and inserting ‘‘2023 through 2027’’;
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2)(B), as so redesignated, by striking
‘‘0.25 percent’’ and inserting ‘‘0.5 percent’’.
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SEC.
605.
ADDRESSING THE HOUSING NEEDS OF VICTIMS OF
DOMESTIC
VIOLENCE,
DATING
VIOLENCE,
SEXUAL
ASSAULT, AND STALKING.
(a) MCKINNEY-VENTO HOMELESS ASSISTANCE GRANTS.—The
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.)
is amended—
(1) in section 103 (42 U.S.C. 11302), by amending subsection (b) to read as follows:
‘‘(b) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND OTHER DANGEROUS, TRAUMATIC, OR LIFE-THREATENING CONDITIONS RELATING TO SUCH VIOLENCE.—Notwithstanding
any other provision of this section, the Secretary shall consider
to be homeless any individual or family who—
‘‘(1) is experiencing trauma or a lack of safety related
to, or fleeing or attempting to flee, domestic violence, dating
violence, sexual assault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence
against the individual or a family member in the individual’s
or family’s current housing situation, including where the
health and safety of children are jeopardized;
‘‘(2) has no other safe residence; and
‘‘(3) lacks the resources to obtain other safe permanent
housing.’’; and
(2) in section 423(a) (42 U.S.C. 11383(a)), by adding at
the end the following:
‘‘(13) Facilitating and coordinating activities to ensure
compliance with subsection (e) of section 41411 of the Violence
Against Women Act of 1994 (34 U.S.C. 12491) and monitoring
compliance with the confidentiality protections of subsection
(c)(4) of such section.’’.
(b) COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM STABILITY OF VICTIMS.—Section 41404(i) of the Violence Against Women
Act of 1994 (34 U.S.C. 12474(i)) is amended by striking ‘‘2014
through 2018’’ and inserting ‘‘2023 through 2027’’.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 887
(c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC
ASSISTED HOUSING.—Section 41405 of the Violence Against
Women Act of 1994 (34 U.S.C. 12475) is amended—
(1) in subsection (b)(1), by striking ‘‘the Director of the
Violence Against Women Office’’ and inserting ‘‘the Director
of the Office on Violence Against Women’’;
(2) in subsection (c)(2)(D), by inserting after ‘‘linguistically
and culturally specific service providers,’’ the following: ‘‘population-specific organizations,’’; and
(3) in subsection (g), by striking ‘‘2014 through 2018’’ and
inserting ‘‘2023 through 2027’’.
(d) VAWA TRAINING AND TECHNICAL ASSISTANCE GRANTS.—
Chapter 2 of subtitle N of title IV of the Violence Against Women
Act of 1994 (34 U.S.C. 12491 et seq.), as amended by this Act,
is further amended by inserting after section 41415 the following:
AND
‘‘SEC. 41416. TRAINING AND TECHNICAL ASSISTANCE GRANTS.
34 USC 12496.
‘‘There is authorized to be appropriated to the Secretary of
Housing and Urban Development such sums as may be necessary
for fiscal years 2023 through 2027 to be used for training and
technical assistance to support the implementation of this chapter,
including technical assistance agreements with entities whose primary purpose and expertise is assisting survivors of sexual assault
and domestic violence or providing culturally specific services to
victims of domestic violence, dating violence, sexual assault, and
stalking.’’.
Appropriation
authorization.
Time period.
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SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF
SURVIVORS OF TRAFFICKING AND INDIVIDUALS AT RISK
FOR TRAFFICKING.
(a) DEFINITIONS.—In this section:
(1) SURVIVOR OF A SEVERE FORM OF TRAFFICKING.—The
term ‘‘survivor of a severe form of trafficking’’ has the meaning
given the term ‘‘victim of a severe form of trafficking’’ in section
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(2) SURVIVOR OF TRAFFICKING.—The term ‘‘survivor of trafficking’’ has the meaning given the term ‘‘victim of trafficking’’
in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
(b) STUDY.—
(1) IN GENERAL.—The Secretary of Housing and Urban
Development shall conduct a study assessing the availability
and accessibility of housing and services for individuals experiencing homelessness or housing instability who are—
(A) survivors of trafficking, including survivors of a
severe form of trafficking; or
(B) at risk of being trafficked.
(2) COORDINATION AND CONSULTATION.—In conducting the
study required under paragraph (1), the Secretary shall—
(A) coordinate with—
(i) the Interagency Task Force to Monitor and
Combat Trafficking established under section 105 of
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7103);
(ii) the United States Advisory Council on Human
Trafficking;
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PUBLIC LAW 117–103—MAR. 15, 2022
(iii) the Secretary of Health and Human Services;
and
Evaluations.
Assessments.
Review.
Analysis.
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Determination.
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(iv) the Attorney General; and
(B) consult with—
(i) the National Advisory Committee on the Sex
Trafficking of Children and Youth in the United States;
(ii) survivors of trafficking;
(iii) direct service providers, including—
(I) organizations serving runaway and homeless youth;
(II) organizations serving survivors of trafficking through community-based programs; and
(III) organizations providing housing services
to survivors of trafficking; and
(iv) housing and homelessness assistance providers, including recipients of grants under—
(I) 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.);
and
(II) the Emergency Solutions Grants program
authorized under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11371 et seq.).
(3) CONTENTS.—The study conducted pursuant to paragraph (1) shall include—
(A) with respect to the individuals described in such
paragraph—
(i) an evaluation of formal assessments and outreach methods used to identify and assess the housing
and service needs of such individuals, including outreach methods—
(I) to ensure effective communication with
individuals with disabilities; and
(II) to reach individuals with limited English
proficiency;
(ii) a review of the availability and accessibility
of homelessness or housing services for such individuals, including the family members of such individuals
who are minors involved in foster care systems, that
identifies the disability-related needs of such individuals, including the need for housing with accessibility
features;
(iii) an analysis of the effect of any policies and
procedures of mainstream homelessness or housing
services that facilitate or limit the availability of such
services and accessibility for such individuals,
including those such individuals who are involved in
the legal system, as such services are in effect as
of the date on which the study is conducted;
(iv) a determination of the best practices in
meeting the housing and service needs of such individuals; and
(v) an assessment of barriers to fair housing and
housing discrimination against survivors of trafficking
who are members of a protected class under the Fair
Housing Act (42 U.S.C. 3601 et seq.);
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 889
(B) an assessment of the ability of mainstream
homelessness or housing services to meet the specialized
needs of survivors of trafficking, including trauma responsive approaches specific to labor and sex trafficking survivors; and
(C) an evaluation of the effectiveness of, and infrastructure considerations for, housing and service-delivery models
that are specific to survivors of trafficking, including survivors of severe forms of trafficking, including emergency
rental assistance models.
(c) REPORT.—Not later than 18 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development shall—
(1) submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that contains
the information described in subparagraphs (A) through (C)
of subsection (b)(3); and
(2) make the report submitted pursuant to paragraph (1)
available to the public.
Public
information.
TITLE VII—ECONOMIC SECURITY FOR
VICTIMS
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SEC. 701. FINDINGS.
Congress finds the following:
(1) Over 1 in 3 women experience sexual violence, and
1 in 5 women have survived completed or attempted rape.
Such violence has a devastating impact on women’s physical
and emotional health, financial security, and ability to maintain
their jobs, and thus impacts interstate commerce and economic
security.
(2) Homicide is one of the leading causes of death for
women on the job. Domestic partners or relatives commit 43
percent of workplace homicides against women. One study
found that intimate partner violence resulted in 142 homicides
among women at work in the United States from 2003 to
2008, a figure which represents 22 percent of the 648 workplace
homicides among women during the period. In fact, in 2010,
homicides against women at work increased by 13 percent
despite continuous declines in overall workplace homicides in
recent years.
(3) Violence can have a dramatic impact on the survivor
of such violence. Studies indicate that 44 percent of surveyed
employed adults experienced the effect of domestic violence
in the workplace, and 64 percent indicated their workplace
performance was affected by such violence. Another recent
survey found that 78 percent of offenders used workplace
resources to express anger, check up on, pressure, or threaten
a survivor. Sexual assault, whether occurring in or out of the
workplace, can impair an employee’s work performance, require
time away from work, and undermine the employee’s ability
to maintain a job. Nearly 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of the
assaults.
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34 USC 12501
note.
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136 STAT. 890
PUBLIC LAW 117–103—MAR. 15, 2022
(4) Studies find that 60 percent of single women lack economic security and 81 percent of households with single mothers live in economic insecurity. Significant barriers that survivors confront include access to housing, transportation, and
child care. Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent of such
women cite domestic violence as the direct cause for homelessness. Survivors are deprived of their autonomy, liberty, and
security, and face tremendous threats to their health and safety.
(5) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner violence lose nearly
8,000,000 days of paid work, which is the equivalent of more
than 32,000 full-time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety
solutions, such as obtaining a restraining order or finding
housing, to avoid or prevent further violence.
(6) Annual costs of intimate partner violence are estimated
to be more than $8,300,000,000. According to the Centers for
Disease Control and Prevention, the costs of intimate partner
violence against women in 1995 exceeded an estimated
$5,800,000,000. These costs included nearly $4,100,000,000 in
the direct costs of medical and mental health care and nearly
$1,800,000,000 in the indirect costs of lost productivity. These
statistics are generally considered to be underestimated because
the costs associated with the criminal justice system are not
included.
(7) Fifty-five percent of senior executives recently surveyed
said domestic violence has a harmful effect on their company’s
productivity, and more than 70 percent said domestic violence
negatively affects attendance. Seventy-eight percent of human
resources professionals consider partner violence a workplace
issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 4 percent of employers provided training on domestic violence.
(8) Harassment is a persistent and significant problem
in the workplace in the United States, and the Equal Employment Opportunity Commission found that not less than 25
percent, and as many as 85 percent, of women surveyed report
having experienced sexual harassment at work.
(9) For decades, survivors of sexual violence have come
forward to seek justice and demand their right to be free
from violence, harassment, and other forms of discrimination.
These calls for change reached a tipping point after October
2017 as a result of Tarana Burke’s work and #MeToo going
viral. Thousands of courageous individuals, from Hollywood
to the halls of Congress and the military, to restaurants, agricultural fields, and factory floors, shined a light on the pervasive and insidious nature of workplace harassment and sexual
assault.
(10) Working people can be subjected to multiple forms
of harassment in the workplace at the same time.
(11) According to the Equal Employment Opportunity
Commission, approximately 3 out of 4 individuals who experience harassment never talked to a supervisor, manager, or
union representative about the harassing conduct.
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136 STAT. 891
(12) The impact of domestic violence, dating violence, sexual
assault, and stalking on the workplace is a part of the challenge
of workplace harassment.
(13) Studies indicate that one of the best predictors of
whether a survivor will be able to stay away from his or
her abuser is the degree of his or her economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking often negatively impact a survivor’s ability to
maintain employment.
(14) Abusers frequently seek to exert financial control over
their partners by actively interfering with their ability to work,
including preventing their partners from going to work,
harassing their partners at work, limiting their partners’ access
to cash or transportation, and sabotaging their partners’ child
care arrangements.
(15) Economic abuse refers to behaviors that control an
intimate partner’s ability to acquire, use, and maintain access
to money, credit, ownership of assets, or governmental or private financial benefits, including defaulting on joint obligations
(such as school loans, credit card debt, mortgages, or rent).
Other forms of such abuse may include preventing someone
from attending school, threatening to or actually terminating
employment, controlling or withholding access to cash,
checking, or credit accounts, and attempting to damage or
sabotage the creditworthiness of an intimate partner, including
forcing an intimate partner to write bad checks, forcing an
intimate partner to default on payments related to household
needs, such as housing, or forcing an intimate partner into
bankruptcy.
(16) This title aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be free
from violence, hardship, and control, which restrains basic
human rights to freedom and safety in the United States.
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SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES
TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violence Against Women Act of 1994
(34 U.S.C. 12501) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and sexual harassment’’ after
‘‘domestic and sexual violence’’; and
(B) by striking ‘‘employers and labor organizations’’
and inserting ‘‘employers, labor organizations, and victim
service providers’’; and
(2) in subsection (b)(3), by striking ‘‘and stalking’’ and
inserting ‘‘stalking, and sexual harassment’’;
(3) in subsection (c)(1), by inserting ‘‘or sexual harassment’’
before the period at the end;
(4) in subsection (c)(2)(A), by inserting ‘‘or sexual harassment’’ after ‘‘sexual violence’’;
(5) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(6) by inserting after subsection (d) the following:
‘‘(e) PATHWAYS TO OPPORTUNITY PILOT PROJECT.—An eligible
nonprofit nongovernmental entity or tribal organization that
receives a grant under this section may develop a plan to enhance
the capacity of survivors to obtain and maintain employment,
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PUBLIC LAW 117–103—MAR. 15, 2022
including through the implementation of a demonstration pilot program to be known as ‘Pathways to Opportunity’, which shall—
‘‘(1) build collaborations between and among victim service
providers, workforce development programs, and educational
and vocational institutions to provide trauma informed
programming to support survivors seeking employment; and
‘‘(2) be centered around culturally specific organizations
or organizations that primarily serve populations traditionally
marginalized in the workplace.’’;
(7) in subsection (f), as so redesignated, by striking
‘‘$1,000,000 for each of fiscal years 2014 through 2018’’ and
inserting ‘‘$2,000,000 for each of fiscal years 2023 through
2027’’.
SEC. 703. PROVISIONS RELATED TO THE TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES PROGRAM.
(a) TANF PERSONNEL TRAINING.—
(1) IN GENERAL.—Section 402(a) of the Social Security Act
(42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:
‘‘(8) CERTIFICATION THAT THE STATE WILL PROVIDE INFORMATION TO VICTIMS OF SEXUAL HARASSMENT OR SURVIVORS OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING.—
‘‘(A) IN GENERAL.—A certification by the chief executive
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Standards.
Procedures.
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officer of the State that the State has established and
is enforcing standards and procedures to—
‘‘(i) ensure that applicants and potential applicants
for assistance under the State program funded under
this part are notified of assistance made available by
the State to victims of sexual harassment and survivors
of domestic violence, sexual assault, or stalking;
‘‘(ii) ensure that case workers and other agency
personnel responsible for administering the State program funded under this part are trained in—
‘‘(I) the nature and dynamics of sexual harassment and domestic violence, sexual assault, and
stalking;
‘‘(II) State standards and procedures relating
to the prevention of, and assistance for, individuals
who are victims of sexual harassment or survivors
of domestic violence, sexual assault, or stalking;
and
‘‘(III) methods of ascertaining and ensuring
the confidentiality of personal information and
documentation related to applicants for assistance
and their children who have provided notice about
their experiences of sexual harassment, domestic
violence, sexual assault, or stalking; and
‘‘(iii) ensure that, if a State has elected to establish
and enforce standards and procedures regarding the
screening for, and identification of, domestic violence,
sexual assault, or stalking pursuant to paragraph (7)—
‘‘(I) the State program funded under this part
provides information about the options under this
part to current and potential beneficiaries; and
‘‘(II) case workers and other agency personnel
responsible for administering the State program
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136 STAT. 893
funded under this part are provided with training
regarding State standards and procedures pursuant to paragraph (7).
‘‘(B) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) the term ‘sexual harassment’ means hostile,
intimidating, or oppressive behavior based on sex that
creates an offensive work environment;
‘‘(ii) the term ‘domestic violence’ has the meaning
given such term in paragraph (7); and
‘‘(iii) the terms ‘sexual assault’ and ‘stalking’ have
the meanings given such terms in section 40002 of
the Violence Against Women Act of 1994 (34 U.S.C.
12291).’’.
(2) IMPLEMENTATION.—Not later than 1 year after the date
of enactment of this Act, each State shall submit the certification required under paragraph (8) of subsection (a) of section
402 of the Social Security Act (42 U.S.C. 602), as added by
paragraph (1), in the form of an amendment to the State’s
plan submitted under such section. A State shall not be
regarded as failing to comply with the requirement of such
paragraph (8) before the date that is 1 year after the date
of enactment of this Act.
(b) NATIONAL GRANT PROGRAM FOR DEVELOPING A MODEL
TRAINING PROGRAM FOR TANF PERSONNEL TRAINING.—
(1) GRANTS AUTHORIZED.—
(A) MODEL TRAINING PROGRAM.—The Secretary of
Health and Human Services (in this subsection referred
to as the ‘‘Secretary’’) shall—
(i) develop and disseminate a model training program (and related materials) for the training required
under section 402(a)(8) of the Social Security Act, and
if the State so elects, section 402(a)(7) of such Act;
and
(ii) provide technical assistance with respect to
such model training program to eligible States (as
defined in section 402 of the Social Security Act).
(B) GRANTS.—In developing the model training program under subparagraph (A)(i), the Secretary may award
grants and contracts and may develop such program in
cooperation with an eligible partner.
(2) ELIGIBLE PARTNER DEFINED.—For purposes of paragraph
(1), the term ‘‘eligible partner’’ means an entity that is—
(A) a State or tribal domestic violence coalition or
sexual assault coalition; or
(B) a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual
assault, or stalking whose primary mission is to provide
services to survivors of domestic violence, sexual assault,
or stalking, including a rape crisis center or domestic
violence program.
(3) REPORT.—
(A) REPORT TO CONGRESS.—Not later than 5 years after
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate a report on the program established under this
subsection.
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42 USC 602 note.
Time period.
42 USC 602 note.
PUBL103
136 STAT. 894
(B) REPORT AVAILABLE TO PUBLIC.—The Secretary shall
establish procedures for the dissemination to the public
of the report submitted under subparagraph (A) not later
than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall
include the use of the internet to disseminate such report.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $3,000,000 to carry out this section
for each of fiscal years 2023 through 2027.
Procedures.
Deadline.
Time period.
Consultations.
34 USC 20130.
Time period.
Analysis.
Analysis.
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Recommendations.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 704. STUDY AND REPORTS ON BARRIERS TO SURVIVORS’ ECONOMIC SECURITY ACCESS.
(a) STUDY.—The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study
on the barriers that survivors of domestic violence, dating violence,
sexual assault, or stalking throughout the United States experience
in maintaining economic security, including the impact of the
COVID–19 pandemic on such victims’ ability to maintain economic
security, as a result of issues related to domestic violence, dating
violence, sexual assault, or stalking.
(b) REPORTS.—Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Secretary of Health
and Human Services, in consultation with the Secretary of Labor,
shall submit a report to Congress on the study conducted under
subsection (a).
(c) CONTENTS.—The study and reports under this section shall
include—
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the ability
of survivors of domestic violence, dating violence, sexual
assault, or stalking to exercise—
(A) any rights under this title (including any amendments made by this title) without compromising personal
safety or the safety of others, including family members
and excluding the abuser; and
(B) other components of economic security, including
financial empowerment, affordable housing, transportation,
health care access, credit history, and quality education
and training opportunities;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis
of the extent and impact of such shortage;
(3) analysis of the unique barriers faced by such survivors
living in rural communities;
(4) analysis of factors related to industries, workplace settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act (including any amendments made by this Act)
without compromising personal safety or the safety of others,
including family members;
(5) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement tools to ensure successful
implementation of the provisions of this Act in order to support
the economic security and safety of survivors of domestic
violence, dating violence, sexual assault, or stalking;
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136 STAT. 895
(6) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues related
to domestic violence, dating violence, sexual assault, or stalking;
and
(7) barriers that impede victims’ ability to pursue legal
action, including legal costs and filing fees, and complexities
of the jurisdiction of law enforcement agencies.
SEC. 705. GAO STUDY.
Not later than 18 months after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that examines, with respect to
survivors of domestic violence, dating violence, sexual assault, or
stalking who are, or were, enrolled at institutions of higher education and borrowed a loan made, insured, or guaranteed under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.) for which the survivors have not repaid the total interest
and principal due, each of the following:
(1) The implications of domestic violence, dating violence,
sexual assault, or stalking on a borrower’s ability to repay
their Federal student loans.
(2) The adequacy of policies and procedures regarding Federal student loan deferment, forbearance, and grace periods
when a survivor has to suspend or terminate the survivor’s
enrollment at an institution of higher education due to domestic
violence, dating violence, sexual assault, or stalking.
(3) The adequacy of institutional policies and practices
regarding retention or transfer of credits when a survivor has
to suspend or terminate the survivor’s enrollment at an institution of higher education due to domestic violence, dating
violence, sexual assault, or stalking.
(4) The availability or any options for a survivor of domestic
violence, dating violence, sexual assault, or stalking who
attended an institution of higher education that committed
unfair, deceptive, or abusive acts or practices, or otherwise
substantially misrepresented information to students, to be able
to seek a defense to repayment of the survivor’s Federal student
loan.
(5) The limitations faced by a survivor of domestic violence,
dating violence, sexual assault, or stalking to obtain any relief
or restitution on the survivor’s Federal student loan debt due
to the use of forced arbitration, gag orders, or bans on class
actions.
Reports.
Examination.
TITLE VIII—SAFETY FOR INDIAN
WOMEN
Subtitle A—Tools to Enhance Public Safety
for Indian Tribes
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SEC. 801. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) American Indians and Alaska Natives are—
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(A) 2.5 times as likely to experience violent crimes;
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and
(B) at least 2 times more likely to experience rape
or sexual assault crimes;
(2) more than 4 in 5 American Indian and Alaska Native
women have experienced violence in their lifetime;
(3) the vast majority of American Indian and Alaska Native
victims of violence—96 percent of women victims and 89 percent
of male victims—have experienced sexual violence by a nonIndian perpetrator at least once in their lifetime;
(4) Indian Tribes exercising special domestic violence
criminal jurisdiction over non-Indians pursuant to section 204
of Public Law 90–284 (25 U.S.C. 1304) (commonly known as
the ‘‘Indian Civil Rights Act of 1968’’), restored by section
904 of the Violence Against Women Reauthorization Act of
2013 (Public Law 113–4; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes
of domestic violence, dating violence, and civil protection order
violations;
(5) Tribal prosecutors for Indian Tribes exercising special
domestic violence criminal jurisdiction report that the majority
of domestic violence cases involve children either as witnesses
or victims, and the Department of Justice reports that American
Indian and Alaska Native children suffer exposure to violence
at one of the highest rates in the United States;
(6) childhood exposure to violence can have immediate and
long-term effects, including increased rates of altered neurological development, poor physical and mental health, poor
school performance, substance abuse, and overrepresentation
in the juvenile justice system;
(7) according to the Centers for Disease Control and Prevention, homicide is—
(A) the third leading cause of death among American
Indian and Alaska Native women between 10 and 24 years
of age; and
(B) the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of
age;
(8) in some areas of the United States, Native American
women are murdered at rates more than 10 times the national
average;
(9) according to a 2017 report by the Department of Justice,
66 percent of criminal prosecutions for crimes in Indian country
that United States Attorneys declined to prosecute involved
assault, murder, or sexual assault;
(10) investigation into cases of missing or murdered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of—
(A) necessary personnel, training, equipment, or
funding;
(B) interagency cooperation;
(C) appropriate laws in place; and
(D) access to Federal law enforcement databases;
(11) domestic violence calls are among the most dangerous
calls that law enforcement receives;
(12) the complicated jurisdictional scheme that exists in
Indian country—
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(A) has a significant impact on public safety in Indian
communities;
(B) according to Tribal justice officials, has been
increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement
officials;
(13) restoring and enhancing Tribal capacity to address
violence against women provides for greater local control,
safety, accountability, and transparency;
(14) Indian Tribes with restrictive settlement Acts, such
as Indian Tribes in the State of Maine, and Indian Tribes
located in States with concurrent authority to prosecute crimes
in Indian country under the amendments made by the Act
of August 15, 1953 (67 Stat. 590, chapter 506), face unique
public safety challenges; and
(15) Native Hawaiians experience a disproportionately high
rate of human trafficking, with 64 percent of human trafficking
victims in the State of Hawai’i identifying as at least part
Native Hawaiian.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to clarify the responsibilities of Federal, State, Tribal,
and local law enforcement agencies with respect to responding
to cases of domestic violence, dating violence, stalking, sex
trafficking, sexual violence, crimes against children, and assault
against Tribal law enforcement officers;
(2) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies;
(3) to empower Tribal governments and Native American
communities, including urban Indian communities and Native
Hawaiian communities, with the resources and information
necessary to effectively respond to cases of domestic violence,
dating violence, stalking, sex trafficking, sexual violence, and
missing or murdered Native Americans; and
(4) to increase the collection of data related to missing
or murdered Native Americans and the sharing of information
among Federal, State, Tribal, and local officials responsible
for responding to and investigating crimes impacting Indian
Tribes and Native American communities, including urban
Indian communities and Native Hawaiian communities, especially crimes relating to cases of missing or murdered Native
Americans.
Coordination.
Data.
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SEC. 802. TRIBAL ACCESS PROGRAM.
(a) ACCESS TO NATIONAL CRIME INFORMATION DATABASES BY
INDIAN TRIBES.—Section 233(b) of the Tribal Law and Order Act
of 2010 (34 U.S.C. 41107) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—The Attorney General shall ensure
that—
‘‘(A) tribal law enforcement officials that meet
applicable Federal or State requirements shall be permitted
access to national crime information databases; and
‘‘(B) technical assistance and training is provided to
Bureau of Indian Affairs and tribal law enforcement agencies to gain access to, and the ability to use and input
information into, the National Crime Information Center
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PUBLIC LAW 117–103—MAR. 15, 2022
and other national crime information databases pursuant
to section 534 of title 28, United States Code.’’; and
(2) in paragraph (3), by striking ‘‘with criminal jurisdiction
over Indian country’’.
(b) ACQUISITION, PRESERVATION, AND EXCHANGE OF IDENTIFICATION RECORDS AND INFORMATION.—Section 534(d) of title 28, United
States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2) in the matter preceding subparagraph (A) (as so redesignated) by striking ‘‘The Attorney General’’ and inserting the
following:
‘‘(1) IN GENERAL.—The Attorney General’’; and
(3) by adding at the end the following:
‘‘(2) TRIBAL ACCESS PROGRAM.—
‘‘(A) IN GENERAL.—The Attorney General shall establish a program, to be known as the ‘Tribal Access Program’,
to enhance the ability of tribal governments and their
authorized agencies to access, enter information into, and
obtain information from national criminal information
databases under this section.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out the Tribal Access
Program under subparagraph (A) $6,000,000 for each of
fiscal years 2023 through 2027, to remain available until
expended.
‘‘(3) INFORMATION SHARING.—To the extent otherwise permitted by law, any report issued as a result of the analysis
of information entered into national criminal information databases or obtained from Federal criminal databases shall be
shared with each Indian tribe of jurisdiction, including Indian
tribes located in the State of Maine.’’.
(c) IDENTIFICATION RECORDS.—The second paragraph of the
matter under the heading ‘‘SALARIES AND EXPENSES’’ under the
heading ‘‘FEDERAL BUREAU OF INVESTIGATION’’ of the Department
of Justice Appropriation Act, 1973 (34 U.S.C. 41101) is amended—
(1) by inserting ‘‘or Tribal’’ after ‘‘if authorized by State’’;
and
(2) by inserting ‘‘, Tribal,’’ before ‘‘and local governments’’.
SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.
Section 234(c) of the Tribal Law and Order Act of 2010 (25
U.S.C. 1302 note; Public Law 111–211) is amended—
(1) in the subsection heading, by striking ‘‘PILOT’’;
(2) by striking ‘‘pilot’’ each place it appears;
(3) in paragraph (1), by striking ‘‘Not later than 120 days
after the date of enactment of this title’’ and inserting ‘‘Not
later than 120 days after the date of enactment of the Violence
Against Women Act Reauthorization Act of 2022’’;
(4) in paragraph (2)(B), by striking ‘‘2 or more years’’ and
inserting ‘‘1 or more years’’; and
(5) by striking paragraphs (5) and (6).
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SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.
Section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly
known as the ‘‘Indian Civil Rights Act of 1968’’) is amended—
(1) in the section heading, by striking ‘‘CRIMES OF
DOMESTIC VIOLENCE’’ and inserting ‘‘COVERED CRIMES’’;
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(2) by striking ‘‘special domestic violence criminal jurisdiction’’ each place it appears and inserting ‘‘special Tribal criminal
jurisdiction’’;
(3) in subsection (a)—
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (6), (7), (8), (10), (11), (14),
and (15), respectively;
(B) by inserting before paragraph (6) (as so redesignated) the following:
‘‘(1) ASSAULT OF TRIBAL JUSTICE PERSONNEL.—The term
‘assault of Tribal justice personnel’ means any violation of
the criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that involves
the use, attempted use, or threatened use of physical force
against an individual authorized to act for, or on behalf of,
that Indian tribe or serving that Indian tribe during, or because
of, the performance or duties of that individual in—
‘‘(A) preventing, detecting, investigating, making
arrests relating to, making apprehensions for, or prosecuting a covered crime;
‘‘(B) adjudicating, participating in the adjudication of,
or supporting the adjudication of a covered crime;
‘‘(C) detaining, providing supervision for, or providing
services for persons charged with a covered crime; or
‘‘(D) incarcerating, supervising, providing treatment
for, providing rehabilitation services for, or providing
reentry services for persons convicted of a covered crime.
‘‘(2) CHILD.—The term ‘child’ means a person who has
not attained the lesser of—
‘‘(A) the age of 18; and
‘‘(B) except in the case of sexual abuse, the age specified
by the criminal law of the Indian tribe that has jurisdiction
over the Indian country where the violation occurs.
‘‘(3) CHILD VIOLENCE.—The term ‘child violence’ means the
use, threatened use, or attempted use of violence against a
child proscribed by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the violation
occurs.
‘‘(4) COERCION; COMMERCIAL SEX ACT.—The terms ‘coercion’
and ‘commercial sex act’ have the meanings given the terms
in section 1591(e) of title 18, United States Code.
‘‘(5) COVERED CRIME.—The term ‘covered crime’ means—
‘‘(A) assault of Tribal justice personnel;
‘‘(B) child violence;
‘‘(C) dating violence;
‘‘(D) domestic violence;
‘‘(E) obstruction of justice;
‘‘(F) sexual violence;
‘‘(G) sex trafficking;
‘‘(H) stalking; and
‘‘(I) a violation of a protection order.’’;
(C) in paragraph (6) (as so redesignated), by striking
‘‘violence committed’’ and inserting ‘‘any violation of the
criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that is committed’’;
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136 STAT. 900
PUBLIC LAW 117–103—MAR. 15, 2022
(D) by striking paragraph (7) (as so redesignated) and
inserting the following:
‘‘(7) DOMESTIC VIOLENCE.—The term ‘domestic violence’
means any violation of the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the violation
occurs that is committed by—
‘‘(A) a current or former spouse or intimate partner
of the victim;
‘‘(B) a person with whom the victim shares a child
in common;
‘‘(C) a person who is cohabitating with or who has
cohabitated with the victim as a spouse or intimate partner;
or
‘‘(D) a person similarly situated to a spouse of the
victim under the domestic- or family-violence laws of the
Indian tribe that has jurisdiction over the Indian country
where the violation occurs.’’;
(E) by inserting after paragraph (8) (as so redesignated)
the following:
‘‘(9) OBSTRUCTION OF JUSTICE.—The term ‘obstruction of
justice’ means any violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian country where the
violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including
any Tribal criminal proceeding or investigation of a crime.’’;
(F) by inserting after paragraph (11) (as so redesignated) the following:
‘‘(12) SEX TRAFFICKING.—The term ‘sex trafficking’ means
conduct within the meaning of section 1591(a) of title 18, United
States Code.
‘‘(13) SEXUAL VIOLENCE.—The term ‘sexual violence’ means
any nonconsensual sexual act or contact proscribed by the
criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs, including in
any case in which the victim lacks the capacity to consent
to the act.’’;
(G) in paragraph (14) (as so redesignated), in the paragraph heading, by striking ‘‘SPECIAL DOMESTIC VIOLENCE
CRIMINAL JURISDICTION’’ and inserting ‘‘SPECIAL TRIBAL
CRIMINAL JURISDICTION’’; and
(H) by adding at the end the following:
‘‘(16) STALKING.—The term ‘stalking’ means engaging in
a course of conduct directed at a specific person proscribed
by the criminal law of the Indian tribe that has jurisdiction
over the Indian country where the violation occurs that would
cause a reasonable person—
‘‘(A) to fear for the person’s safety or the safety of
others; or
‘‘(B) to suffer substantial emotional distress.
‘‘(17) VIOLATION OF A PROTECTION ORDER.—The term ‘violation of a protection order’ means an act that—
‘‘(A) occurs in the Indian country of a participating
tribe; and
‘‘(B) violates a provision of a protection order that—
‘‘(i) prohibits or provides protection against violent
or threatening acts or harassment against, sexual
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136 STAT. 901
violence against, contact or communication with, or
physical proximity to, another person;
‘‘(ii) was issued against the defendant;
‘‘(iii) is enforceable by the participating tribe; and
‘‘(iv) is consistent with section 2265(b) of title 18,
United States Code.’’;
(4) in subsection (b)(1), by inserting after ‘‘the powers of
self-government of a participating tribe’’ the following: ‘‘,
including any participating tribes in the State of Maine,’’;
(5) in subsection (b)(4)—
(A) in the paragraph heading, by striking ‘‘EXCEPTIONS’’
and inserting ‘‘EXCEPTION IF VICTIM AND DEFENDANT ARE
BOTH NON-INDIANS’’;
(B) in subparagraph (A)(i), by inserting ‘‘, other than
obstruction of justice or assault of Tribal justice personnel,’’
after ‘‘over an alleged offense’’;
(C) by striking subparagraph (B);
(D) in subparagraph (A)—
(i) by striking the subparagraph designation and
heading and all that follows through ‘‘A participating’’
in clause (i) and inserting the following:
‘‘(A) IN GENERAL.—A participating’’; and
(ii) by redesignating clause (ii) as subparagraph
(B) and indenting appropriately; and
(E) in subparagraph (B) (as so redesignated), by
striking ‘‘subparagraph’’ and inserting ‘‘paragraph’’;
(6) by striking subsection (c) and inserting the following:
‘‘(c) CRIMINAL CONDUCT.—A participating tribe may exercise
special Tribal criminal jurisdiction over a defendant for a covered
crime that occurs in the Indian country of the participating tribe.’’;
(7) in subsection (e), by striking paragraph (3); and
(8) by striking subsections (f), (g), and (h) and inserting
the following:
‘‘(f) PETITIONS FOR WRITS OF HABEAS CORPUS.—
‘‘(1) IN GENERAL.—After a defendant has been sentenced
by a participating tribe, the defendant may file a petition
for a writ of habeas corpus in a court of the United States
under section 203.
‘‘(2) REQUIREMENT.—An application for a writ of habeas
corpus on behalf of a person in custody pursuant to an order
of a Tribal court shall not be granted unless —
‘‘(A) the applicant has exhausted the remedies available in the Tribal court system;
‘‘(B) there is an absence of an available Tribal corrective process; or
‘‘(C) circumstances exist that render the Tribal corrective process ineffective to protect the rights of the applicant.
‘‘(g) NOTICE; HABEAS CORPUS PETITIONS.—A participating tribe
that has ordered the detention of any person has a duty to timely
notify in writing such person of their rights and privileges under
this section and under section 203.
‘‘(h) REIMBURSEMENT AND GRANTS TO TRIBAL GOVERNMENTS.—
‘‘(1) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—The Attorney General may
reimburse Tribal government authorities (or an authorized
designee of a Tribal government) for expenses incurred
in exercising special Tribal criminal jurisdiction.
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Waiver authority.
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‘‘(B) ELIGIBLE EXPENSES.—Eligible expenses for
reimbursement under subparagraph (A) shall include
expenses and costs incurred in, relating to, or associated
with—
‘‘(i) investigating, making arrests relating to,
making apprehensions for, or prosecuting covered
crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials);
‘‘(ii) detaining, providing supervision of, or providing services for persons charged with covered crimes
(including costs associated with providing health care);
‘‘(iii) providing indigent defense services for 1 or
more persons charged with 1 or more covered crimes;
and
‘‘(iv) incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more
persons charged with 1 or more covered crimes.
‘‘(C) PROCEDURE.—
‘‘(i) IN GENERAL.—Reimbursements authorized
under subparagraph (A) shall be in accordance with
rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after
the date of enactment of the Violence Against Women
Act Reauthorization Act of 2022.
‘‘(ii) MAXIMUM REIMBURSEMENT.—The rules
promulgated by the Attorney General under clause
(i)—
‘‘(I) shall set a maximum allowable reimbursement to any Tribal government (or an authorized
designee of any Tribal government) in a 1-year
period; and
‘‘(II) may allow the Attorney General—
‘‘(aa) to establish conditions under which
a Tribal government (or an authorized designee of a Tribal government) may seek a
waiver to the maximum allowable reimbursement requirement established under subclause
(I); and
‘‘(bb) to waive the maximum allowable
reimbursement
requirements
established
under subclause (I) for a Tribal government
(or an authorized designee of a Tribal government) if the conditions established by the
Attorney General under item (aa) are met by
that Tribal government (or authorized designee).
‘‘(iii) TIMELINESS OF REIMBURSEMENTS.—To the
maximum extent practicable, the Attorney General
shall—
‘‘(I) not later than 90 days after the date on
which the Attorney General receives a qualifying
reimbursement request from a Tribal government
(or an authorized designee of a Tribal government)—
‘‘(aa) reimburse the Tribal government (or
authorized designee); or
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‘‘(bb) notify the Tribal government (or
authorized designee) of the reason by which
the Attorney General was unable to issue the
reimbursement; and
‘‘(II) not later than 30 days after the date
on which a Tribal government (or an authorized
designee of a Tribal government) reaches the
annual maximum allowable reimbursement for the
Tribal government (or an authorized designee)
established by the Attorney General under clause
(ii)(I), notify the Tribal government (or authorized
designee) that the Tribal government has reached
its annual maximum allowable reimbursement.
‘‘(D) ELIGIBILITY FOR PARTICIPATING TRIBES IN
ALASKA.—A Tribal government (or an authorized designee
of a Tribal Government) of an Indian tribe designated
as a participating Tribe under subtitle B of title VIII of
the Violence Against Women Act Reauthorization Act of
2022 shall be eligible for reimbursement, in accordance
with this paragraph, of expenses incurred in exercising
special Tribal criminal jurisdiction under that subtitle.
‘‘(2) GRANTS.—The Attorney General may award grants
to Tribal governments (or authorized designees of Tribal governments), including a Tribal government (or an authorized designee of a Tribal government) of an Indian tribe designated
as a participating Tribe under subtitle B of title VIII of the
Violence Against Women Act Reauthorization Act of 2022—
‘‘(A) to strengthen Tribal criminal justice systems to
assist Indian tribes in exercising special Tribal criminal
jurisdiction, including for—
‘‘(i) law enforcement (including the capacity of law
enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest
authority agencies but have been designated by an
Indian tribe as responsible for maintaining public
safety within the territorial jurisdiction of the Indian
tribe, to enter information into and obtain information
from national crime information databases);
‘‘(ii) prosecution;
‘‘(iii) trial and appellate courts (including facilities
maintenance, renovation, and rehabilitation);
‘‘(iv) supervision systems;
‘‘(v) detention and corrections (including facilities
maintenance, renovation, and rehabilitation);
‘‘(vi) treatment, rehabilitation, and reentry programs and services;
‘‘(vii) culturally appropriate services and assistance
for victims and their families; and
‘‘(viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence;
‘‘(B) to provide indigent criminal defendants with
licensed defense counsel, at no cost to the defendant, in
criminal proceedings in which a participating tribe prosecutes covered crimes;
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‘‘(C) to ensure that, in criminal proceedings in which
a participating tribe exercises special Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in
a manner consistent with all applicable requirements; and
‘‘(D) to accord victims of covered crimes rights that
are similar to the rights of a crime victim described in
section 3771(a) of title 18, United States Code, consistent
with Tribal law and custom.
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Amounts made available
under this section shall supplement and not supplant any other
Federal, State, or local government amounts made available to
carry out activities described in this section.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
$25,000,000 for each of fiscal years 2023 through 2027—
‘‘(A) to carry out subsection (h); and
‘‘(B) to provide training, technical assistance, data
collection, and evaluation of the criminal justice systems
of participating tribes.
‘‘(2) LIMITATIONS.—Of the total amount made available
under paragraph (1) for each fiscal year, not more than 40
percent shall be used for reimbursements under subsection
(h)(1).’’.
Subtitle B—Alaska Tribal Public Safety
Empowerment
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SEC. 811. FINDINGS; PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) according to the report of the Indian Law and Order
Commission established by section 15 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2812), Alaska Native
women—
(A) are overrepresented in the domestic violence victim
population by 250 percent;
(B) in the State of Alaska, comprise—
(i) 19 percent of the population of the State; but
(ii) 47 percent of reported rape victims in the State;
and
(C) as compared to the populations of other Indian
Tribes, suffer the highest rates of domestic and sexual
violence;
(2) most Alaska Native villages are located in remote areas
that—
(A) are often inaccessible by road; and
(B) have no local law enforcement presence;
(3) the Commission referred to in paragraph (1)—
(A) determined that the Alaska Department of Public
Safety—
(i) has primary responsibility for law enforcement
in rural Alaska; but
(ii) provides only 1 to 1.4 field officers per 1,000,000
acres; and
(B) recommended that ‘‘devolving authority to Alaska
Native communities is essential for addressing local crime.
Their governments are best positioned to effectively arrest,
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prosecute, and punish, and they should have the authority
to do so-or to work out voluntary agreements with each
other, and with local governments and the State on mutually beneficial terms’’; and
(4) the unique legal relationship of the United States to
Indian Tribes creates a Federal trust responsibility to assist
Tribal governments in safeguarding the lives of Indian women.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and
(2) to empower Indian Tribes to effectively respond to cases
of domestic violence, dating violence, stalking, sex trafficking,
sexual violence, and missing or murdered Alaska Natives
through the exercise of special Tribal criminal jurisdiction.
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SEC. 812. DEFINITIONS.
In this subtitle:
(1) ASSAULT OF TRIBAL JUSTICE PERSONNEL; COVERED
CRIME; OBSTRUCTION OF JUSTICE; PROTECTION ORDER; VIOLATION
OF A PROTECTION ORDER.—
(A) IN GENERAL.—The terms ‘‘assault of Tribal justice
personnel’’, ‘‘covered crime’’, ‘‘obstruction of justice’’, ‘‘protection order’’, and ‘‘violation of a protection order’’ have the
meanings given the terms in section 204(a) of Public Law
90–284 (25 U.S.C. 1304(a)) (commonly known as the
‘‘Indian Civil Rights Act of 1968’’).
(B) APPLICATION.—For purposes of the application of
the definitions of ‘‘assault of Tribal justice personnel’’,
‘‘obstruction of justice’’, and ‘‘violation of a protection order’’,
and for purposes of the application of the defined terms
contained in the definition of ‘‘covered crime’’, under section
204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly
known as the ‘‘Indian Civil Rights Act of 1968’’) to the
pilot program, the Attorney General shall modify any reference to ‘‘Indian country’’ to mean the Village of a participating Tribe.
(2) INDIAN; INDIAN COURT; INDIAN TRIBE; POWERS OF SELFGOVERNMENT.—The terms ‘‘Indian’’, ‘‘Indian court’’, ‘‘Indian
tribe’’, and ‘‘powers of self-government’’ have the meanings
given the terms in section 201 of Public Law 90–284 (25 U.S.C.
1301) (commonly known as the ‘‘Indian Civil Rights Act of
1968’’).
(3) PARTICIPATING TRIBE.— The term ‘‘participating Tribe’’
means an Indian tribe that is designated under section 813(d)(1)
as a participating Tribe to exercise special Tribal criminal
jurisdiction.
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established by section 813(d)(1).
(5) SPECIAL TRIBAL CRIMINAL JURISDICTION.—The term ‘‘special Tribal criminal jurisdiction’’ means the criminal jurisdiction
that a participating Tribe may exercise under this subtitle
but could not otherwise exercise.
(6) STATE.—The term ‘‘State’’ means the State of Alaska.
(7) VILLAGE.—The term ‘‘Village’’ means the Alaska Native
Village Statistical Area covering all or any portion of a Native
village (as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)), as depicted on the applicable
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Coordination.
25 USC 1305
note.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
Tribal Statistical Area Program Verification map of the Bureau
of the Census.
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25 USC 1305.
SEC. 813. TRIBAL JURISDICTION IN ALASKA.
(a) IN GENERAL.—Subject to title II of Public Law 90–284
(25 U.S.C. 1301 et seq.) (commonly known as the ‘‘Indian Civil
Rights Act of 1968’’), Congress recognizes and affirms the inherent
authority of any Indian tribe occupying a Village in the State
to exercise criminal and civil jurisdiction over all Indians present
in the Village.
(b) TRIBAL CIVIL JURISDICTION TO ENFORCE PROTECTION
ORDERS.—
(1) IN GENERAL.—A court of any Indian tribe in the State
shall have full civil jurisdiction to issue and enforce protection
orders involving any person in matters—
(A) arising within the Village of the Indian tribe; or
(B) otherwise within the authority of the Indian tribe.
(2) INCLUSIONS.—The full civil jurisdiction to issue and
enforce protection orders under paragraph (1) includes the
authority to enforce protection orders through—
(A) civil contempt proceedings;
(B) exclusion of violators from the Village of the Indian
tribe; and
(C) other appropriate mechanisms.
(c) SPECIAL TRIBAL CRIMINAL JURISDICTION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed under subsection (a), the powers of self-government of a participating Tribe include the inherent power of
the participating Tribe, which is hereby recognized and
affirmed, to exercise special Tribal criminal jurisdiction over
a defendant for a covered crime that occurs in the Village
of the participating Tribe.
(2) CONCURRENT JURISDICTION.—The exercise of special
Tribal criminal jurisdiction by a participating Tribe shall be
concurrent with the jurisdiction of the United States, the State,
or both.
(3) EXCEPTION IF VICTIM AND DEFENDANT ARE BOTH NONINDIANS.—
(A) IN GENERAL.—A participating Tribe may not exercise special Tribal criminal jurisdiction over an alleged
offense of a covered crime, other than obstruction of justice
or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian.
(B) DEFINITION OF VICTIM.—In this paragraph and with
respect to a criminal proceeding in which a participating
Tribe exercises special Tribal criminal jurisdiction based
on a violation of a protection order, the term ‘‘victim’’
means a person specifically protected by the protection
order that the defendant allegedly violated.
(d) PILOT PROGRAM FOR SPECIAL TRIBAL CRIMINAL JURISDICTION
OVER PERSONS WHO ARE NOT INDIANS.—
(1) ESTABLISHMENT.—Subject to title II of Public Law 90–
284 (25 U.S.C. 1301 et seq.) (commonly known as the ‘‘Indian
Civil Rights Act of 1968’’), there is established a pilot program
under which the Attorney General, subject to paragraph (5),
shall designate not more than 5 Indian tribes per calendar
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136 STAT. 907
year as participating Tribes to exercise the special Tribal
criminal jurisdiction described in paragraph (6) over all persons
present in the Village of the Indian tribe.
(2) PROCEDURE.—At any time during the 1-year period
beginning on the date of enactment of this Act, and annually
thereafter, an Indian tribe may request the Attorney General
to designate the Indian tribe as a participating Tribe under
paragraph (1).
(3) DESIGNATION OF PARTICIPATING TRIBES.—
(A) IN GENERAL.—The Attorney General, in consultation with the Secretary of the Interior and affected Indian
tribes, shall establish a process to designate Indian tribes
to participate in the pilot program, which process shall—
(i) require that preference shall be given to Indian
tribes occupying Villages—
(I) the populations of which are predominantly
Indian; and
(II) that lack a permanent State law enforcement physical presence;
(ii) require that for each Indian tribe requesting
to be designated as a participating Tribe, the Attorney
General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards
in place to protect defendants’ rights, consistent with
section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d))
(commonly known as the ‘‘Indian Civil Rights Act of
1968’’); and
(iii) be subject to such other criteria as the
Attorney General considers to be appropriate to achieve
the purposes of this subtitle.
(B) DESIGNATION.—The Attorney General shall designate Indian tribes to participate in the pilot program
under paragraph (1) using the process established under
subparagraph (A).
(4) INTERTRIBAL PARTICIPATION.—
(A) IN GENERAL.—2 or more participating Tribes (or
the Tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) of the participating Tribe, if the Tribal
organization is exercising delegated authority from the
participating Tribe)—
(i) may elect to participate jointly in the pilot
program by providing shared resources to carry out
the purposes of the pilot program; and
(ii) on making an election pursuant to clause (i),
shall be considered to be a single participating Tribe
for purposes of the maximum number of participating
Tribes under paragraphs (1) and (5).
(B) ADDITIONAL PARTICIPATING TRIBES.—
(i) IN GENERAL.—Additional participating Tribes
may elect to join an established intertribal partnership
under subparagraph (A) at any time after the intertribal partnership is established.
(ii) APPLICATION.—An intertribal partnership that
additional participating Tribes elect to join pursuant
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Time period.
Effective date.
Consultation.
Requirements.
Determination.
PUBL103
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Federal Register,
publication.
Notice.
Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
to clause (i) shall be considered to be a single participating Tribe for purposes of the maximum number
of participating Tribes under paragraphs (1) and (5).
(5) MAXIMUM NUMBER OF PARTICIPATING TRIBES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Attorney General may designate not more than
30 Indian tribes to participate in the pilot program.
(B) EXCEPTION.—The limitation under subparagraph
(A) shall not apply if the Attorney General submits to
the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives, and publishes in the Federal Register, a written notice of the intention to designate additional Indian
tribes as participating Tribes, including the rationale for
the designation, by not later than the date that is 180
days before the date of designation.
(6) DESCRIPTION OF JURISDICTION.—Congress recognizes
and affirms that an Indian tribe selected to participate in
the pilot program as a participating Tribe may exercise, subject
to paragraph (7), special Tribal criminal jurisdiction with
respect to covered crimes.
(7) RIGHTS OF DEFENDANTS.—In exercising special Tribal
criminal jurisdiction under the pilot program, a participating
Tribe shall provide to each defendant all rights described in
section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the ‘‘Indian Civil Rights Act of 1968’’).
(e) SENTENCES.—In a criminal proceeding in which an Indian
court of a participating Tribe, in exercising special Tribal criminal
jurisdiction with respect to a covered crime, imposes a sentence
of imprisonment of more than 1 year on a defendant pursuant
to section 202(b) of Public Law 90–284 (25 U.S.C. 1302(b)) (commonly known as the ‘‘Indian Civil Rights Act of 1968’’), the Indian
court may require the defendant—
(1) to serve a sentence—
(A) in a Tribal correctional center that has been
approved by the Bureau of Indian Affairs for long-term
incarceration, in accordance with guidelines set by the
Bureau of Indian Affairs;
(B) at the expense of the United States, in the nearest
appropriate Federal facility pursuant to the Bureau of
Prisons Tribal Prisoner Program established under section
234(c)(1) of the Tribal Law and Order Act of 2010 (25
U.S.C. 1302 note; Public Law 111–211); or
(C) at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 (25 U.S.C.
1304(f)(1)) (commonly known as the ‘‘Indian Civil Rights
Act of 1968’’), reimbursable by the Attorney General, in
a detention or correctional center approved by the State
or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and
the State or local government of the State; or
(2) to serve another alternative form of punishment, as
determined by the Indian court pursuant to Tribal law.
(f) MEMORANDA OF AGREEMENT.—The Attorney General and
the Secretary of the Interior may enter into such memoranda of
agreement with participating Tribes and the State as are necessary
and appropriate—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 909
(1) to coordinate respective law enforcement activities;
(2) to share equipment and other resources;
(3) to establish cross-deputization arrangements;
(4) to coordinate appropriate training activities; and
(5) to address any other matters that will facilitate the
successful implementation of the pilot program, including intergovernmental agreements regarding—
(A) the incarceration of convicted persons; and
(B) cooperation in the investigation and prosecution
of crimes.
(g) ALASKA TRIBAL PUBLIC SAFETY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this Act, the Attorney General, in consultation
with the Secretary of the Interior, affected Indian tribes, and
the State, shall establish a committee, to be known as the
‘‘Alaska Tribal Public Safety Advisory Committee’’ (referred
to in this subsection as the ‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall consist of 1 or
more representatives from—
(A) participating Tribes and Indian tribes aspiring to
participate in the pilot program;
(B) Federal, Tribal, State, and local law enforcement;
and
(C) Tribal nonprofit organizations providing victim
services.
(3) DUTIES.—The Committee shall focus on—
(A) improving the justice systems, crime prevention,
and victim services of Indian tribes and the State; and
(B) increasing coordination and communication among
Federal, Tribal, State, and local law enforcement agencies.
(4) TRAVEL EXPENSES.—A member of the Committee shall
be allowed 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 Committee.
(5) NONAPPLICABILITY OF FACA.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Committee.
(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection such sums
as may be necessary for the period of fiscal years 2023 through
2027, to remain available until expended.
(h) REPORT TO CONGRESS.—Not later than 5 years after the
date of enactment of this Act, the Attorney General, in consultation
with the Secretary of the Interior and affected Indian tribes, shall
submit to Congress a report describing the results of the pilot
program, including an explanation of any modifications to law necessary to facilitate improved law enforcement in Villages.
(i) APPLICABILITY.—Nothing in this subtitle—
(1) limits, alters, expands, or diminishes the civil or
criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State;
(2) creates or eliminates any Federal or State criminal
jurisdiction over a Village; or
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Consultation.
Time period.
Consultation.
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PUBLIC LAW 117–103—MAR. 15, 2022
(3) affects the authority of the United States or any
authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village.
TITLE IX—OFFICE ON VIOLENCE
AGAINST WOMEN
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SEC. 901. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.
(a) ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.—
Section 2002 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10442) is amended—
(1) in the section heading, by striking ‘‘VIOLENCE AGAINST
WOMEN OFFICE’’ and inserting ‘‘OFFICE ON VIOLENCE AGAINST
WOMEN’’;
(2) in subsection (a), by striking ‘‘a Violence Against Women
Office’’ and inserting ‘‘an Office on Violence Against Women’’;
(3) in subsection (b), by inserting ‘‘, not subsumed by any
other office’’ after ‘‘within the Department of Justice’’; and
(4) in subsection (c)(2), by striking ‘‘authorized or undertaken under the’’ and all that follows and inserting ‘‘authorized
or undertaken under—
‘‘(A) the Violence Against Women Act of 1994 (title
IV of Public Law 103–322);
‘‘(B) the Violence Against Women Act of 2000 (division
B of Public Law 106–386);
‘‘(C) the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109–162;
119 Stat. 2960);
‘‘(D) the Violence Against Women Reauthorization Act
of 2013 (Public Law 113–4; 127 Stat. 54); and
‘‘(E) the Violence Against Women Act Reauthorization
Act of 2022.’’.
(b) DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.—
Section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10443) is amended—
(1) in the section heading, by striking ‘‘VIOLENCE AGAINST
WOMEN OFFICE’’ and inserting ‘‘OFFICE ON VIOLENCE AGAINST
WOMEN’’;
(2) in subsection (a)—
(A) by striking ‘‘the Violence Against Women Office’’
and inserting ‘‘the Office on Violence Against Women’’;
and
(B) by striking ‘‘in this title referred to’’ and inserting
‘‘in this part referred to’’;
(3) in subsection (b)(2)—
(A) by striking ‘‘or the Violence’’ and inserting ‘‘, the
Violence’’; and
(B) by striking the period at the end and inserting
‘‘, the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109–162; 119
Stat. 2960), the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4; 127 Stat. 54), or the
Violence Against Women Act Reauthorization Act of 2022.’’.
(c) DUTIES AND FUNCTIONS OF DIRECTOR OF THE OFFICE ON
VIOLENCE AGAINST WOMEN.—Section 2004 of title I of the Omnibus
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 911
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10444)
is amended—
(1) in the section heading, by striking ‘‘VIOLENCE AGAINST
WOMEN OFFICE’’ and inserting ‘‘OFFICE ON VIOLENCE AGAINST
WOMEN’’;
(2) in paragraph (5), in the matter preceding subparagraph
(A)—
(A) by striking ‘‘and the Violence’’ and inserting ‘‘,
the Violence’’; and
(B) by striking ‘‘, including with’’ and inserting ‘‘, the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109–162; 119
Stat. 2960), the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4; 127 Stat. 54), and the
Violence Against Women Act Reauthorization Act of 2022,
including with’’; and
(3) in paragraph (6)(B), by inserting ‘‘synchronize Federal
definitions and protocols,’’ before ‘‘and improve coordination’’.
(d) STAFF OF OFFICE ON VIOLENCE AGAINST WOMEN.—Section
2005 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10445) is amended in the section heading,
by striking ‘‘VIOLENCE AGAINST WOMEN OFFICE’’ and inserting
‘‘OFFICE ON VIOLENCE AGAINST WOMEN’’.
(e) CONFORMING AMENDMENT.—Section 121(a)(1) of the Violence
Against Women and Department of Justice Reauthorization Act
of 2005 (34 U.S.C. 20124(a)(1)) is amended by striking ‘‘the Violence
Against Women Office’’ and inserting ‘‘the Office on Violence Against
Women’’.
SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC
COMMUNITIES OF THE OFFICE ON VIOLENCE AGAINST
WOMEN.
Part T of the Omnibus Crime Control and Safe Streets Act
(34 U.S.C. 10441 et seq.), as amended by section 101, is further
amended by adding at the end the following:
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‘‘SEC. 2018. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC
COMMUNITIES.
34 USC 10455.
‘‘(a) ESTABLISHMENT.—There is established in the Office on
Violence Against Women a Senior Policy Advisor for Culturally
Specific Communities.
‘‘(b) DUTIES.—The Senior Policy Advisor for Culturally Specific
Communities, under the guidance and authority of the Director,
shall—
‘‘(1) advise on the administration of grants related to culturally specific services and contracts with culturally specific
organizations;
‘‘(2) coordinate development of Federal policy, protocols,
and guidelines on matters relating to domestic violence, dating
violence, sexual assault, and stalking in culturally specific
communities;
‘‘(3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence,
dating violence, sexual assault, and stalking in culturally specific communities;
‘‘(4) provide technical assistance, coordination, and support
to other offices and bureaus in the Department of Justice
to develop policy and to enforce Federal laws relating to
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PUBLIC LAW 117–103—MAR. 15, 2022
domestic violence, dating violence, sexual assault, and stalking
in culturally specific communities;
‘‘(5) ensure that appropriate technical assistance, developed
and provided by entities with expertise in culturally specific
communities, is made available to grantees and potential
grantees proposing to serve culturally specific communities;
‘‘(6) ensure access to grants and technical assistance for
culturally specific organizations; and
‘‘(7) analyze the distribution of grant funding in order to
identify barriers for culturally specific organizations.
‘‘(c) QUALIFICATIONS.—Not later than 120 days after the date
of enactment of this section, the Director shall hire for the position
established under subsection (a) an individual with personal, lived,
and work experience from a culturally specific community, and
a demonstrated history and expertise addressing domestic violence
or sexual assault in a nongovernmental agency.’’.
Deadline.
TITLE X—IMPROVING CONDITIONS FOR
WOMEN IN FEDERAL CUSTODY
Ramona Brant
Improvement of
Conditions for
Women in
Federal Custody
Act.
18 USC 1 note.
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18 USC 4051.
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SEC. 1001. IMPROVING THE TREATMENT OF PRIMARY CARETAKER
PARENTS AND OTHER INDIVIDUALS IN FEDERAL
PRISONS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Ramona
Brant Improvement of Conditions for Women in Federal Custody
Act’’.
(b) AMENDMENT.—Chapter 303 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 4051. Treatment of primary caretaker parents and other
individuals
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘correctional officer’ means a correctional
officer of the Bureau of Prisons;
‘‘(2) the term ‘covered institution’ means a Federal penal
or correctional institution;
‘‘(3) the term ‘Director’ means the Director of the Bureau
of Prisons;
‘‘(4) the term ‘post-partum recovery’ means the first 12week period of post-partum recovery after giving birth;
‘‘(5) the term ‘primary caretaker parent’ has the meaning
given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242);
‘‘(6) the term ‘prisoner’ means an individual who is incarcerated in a Federal penal or correctional institution, including
a vulnerable person; and
‘‘(7) the term ‘vulnerable person’ means an individual who—
‘‘(A) is under 21 years of age or over 60 years of
age;
‘‘(B) is pregnant;
‘‘(C) is victim or witness of a crime;
‘‘(D) has filed a nonfrivolous civil rights claim in Federal or State court; or
‘‘(E) during the period of incarceration, has been determined to have experienced or to be experiencing severe
trauma or to be the victim of gender-based violence—
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136 STAT. 913
‘‘(i) by any court or administrative judicial proceeding;
‘‘(ii) by any corrections official;
‘‘(iii) by the individual’s attorney or legal service
provider; or
‘‘(iv) by the individual.
‘‘(b) GEOGRAPHIC PLACEMENT.—
‘‘(1) ESTABLISHMENT OF OFFICE.—The Director shall establish within the Bureau of Prisons an office that determines
the placement of prisoners.
‘‘(2) PLACEMENT OF PRISONERS.—In determining the placement of a prisoner, the office established under paragraph
(1) shall—
‘‘(A) if the prisoner has children, consider placing the
prisoner as close to the children as possible; and
‘‘(B) consider any other factor that the office determines
to be appropriate.
‘‘(c) PROHIBITION ON PLACEMENT OF PREGNANT PRISONERS OR
PRISONERS IN POST-PARTUM RECOVERY IN SEGREGATED HOUSING
UNITS.—
‘‘(1) PLACEMENT IN SEGREGATED HOUSING UNITS.—A covered
institution may not place a prisoner who is pregnant or in
post-partum recovery in a segregated housing unit unless the
prisoner presents an immediate risk of harm to the prisoner
or others.
‘‘(2) RESTRICTIONS.—Any placement of a prisoner described
in paragraph (1) in a segregated housing unit shall be limited
and temporary.
‘‘(d) INTAKE AND ASSESSMENTS.—The Director shall assess the
need for family-focused programming at intake, such as questions
about children, gauge interest in parenting resources, and concerns
about their child or caregiving, and administer ongoing assessment
to better inform, identify, and make recommendations about the
mother’s parental role and familial needs.
‘‘(e) PARENTING CLASSES.—The Director shall provide voluntary
parenting classes to each prisoner who is a primary caretaker
parent, and such classes shall be made available to prisoners with
limited English proficiency in compliance with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.).
‘‘(f) TRAUMA SCREENING.—The Director shall provide training,
including cultural competency training, to each correctional officer
and each employee of the Bureau of Prisons who regularly interacts
with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
‘‘(1) identify a prisoner who may have a mental or physical
health need relating to trauma the prisoner has experienced;
and
‘‘(2) refer a prisoner described in paragraph (1) to the
proper health care professional for diagnosis and treatment.
‘‘(g) FAMILY NEEDS TRAINING.—The Director shall provide
training to correctional officers and employees of the Bureau of
Prisons who engage with prisoners’ families on—
‘‘(1) how to interact with children in an age-appropriate
manner, and the children’s caregivers;
‘‘(2) basic childhood and adolescent development information; and
‘‘(3) basic customer service skills.
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‘‘(h) INMATE HEALTH.—
‘‘(1) HEALTH CARE ACCESS.—The Director shall ensure that
all prisoners receive adequate health care.
‘‘(2) HYGIENIC PRODUCTS.—The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The
Director shall make rules—
‘‘(A) on the distribution and accessibility of sanitary
products to prisoners, to ensure each prisoner who requires
these products receives a quantity the prisoner deems sufficient; and
‘‘(B) providing that no visitor is prohibited from visiting
a prisoner due to the visitor’s use of sanitary products.
‘‘(3) GYNECOLOGIST ACCESS.—The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
‘‘(4) RELATION TO OTHER LAWS.—Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).’’.
(c) SUBSTANCE ABUSE TREATMENT.—Section 3621(e) of title 18,
United States Code, is amended by adding at the end the following:
‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER PARENTS AND PREGNANT WOMEN.—The Director of the Bureau of Prisons may
not prohibit an eligible prisoner who is a primary caretaker
parent (as defined in section 4051) or pregnant from participating in a program of residential substance abuse treatment
provided under paragraph (1) on the basis of a failure by
the eligible prisoner, before being committed to the custody
of the Bureau of Prisons, to disclose to any official of the
Bureau of Prisons that the prisoner had a substance abuse
problem on or before the date on which the eligible prisoner
was committed to the custody of the Bureau of Prisons.’’.
(d) IMPLEMENTATION DATE.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Director of the Bureau of Prisons
shall implement this section and the amendments made by
this section.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives
a progress report on the implementation of this section and
the amendments made by this section.
(e) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 303 of title 18, United States Code, is amended
by adding at the end the following:
Regulations.
18 USC 3621
note.
Deadline.
18 USC 4041
prec.
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‘‘4051. Treatment of primary caretaker parents and other individuals.’’.
Stop Infant
Mortality and
Recidivism
Reduction Act.
18 USC 4042
note.
Deadline.
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SEC. 1002. HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Stop Infant
Mortality and Recidivism Reduction Act’’ or the ‘‘SIMARRA Act’’.
(b) ESTABLISHMENT.—Not later than 270 days after the date
of enactment of this Act, the Director of the Bureau of Prisons
(in this section referred to as the ‘‘Director’’) shall establish a
pilot program (in this section referred to as the ‘‘Program’’) in
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 915
accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment.
(c) PURPOSES.—The purposes of this section are to—
(1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving
the effectiveness of the Federal prison system for women as
a population with special needs;
(3) utilize a female offender risk and needs assessment
to encourage a more effective and efficient Federal prison
system;
(4) utilize a validated post-sentencing risk and needs
assessment system that relies on dynamic factors to provide
Federal prison officials with information regarding needs of
Federal pregnant offenders and enhance public safety;
(5) perform regular outcome evaluations of the effectiveness
of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and
interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations;
and
(6) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure
that the Department can continue to run parenting programming safely and securely without compromising the scope or
quality of the Department’s critical health, safety and law
enforcement missions.
(d) DUTIES OF THE DIRECTOR OF BUREAU OF PRISONS.—
(1) IN GENERAL.—The Director shall carry out this section
in consultation with—
(A) the Director of the Administrative Office of the
United States Courts;
(B) the Director of the Office of Probation and Pretrial
Services; and
(C) the Director of the National Institute of Justice.
(2) DUTIES.—The Director shall, in accordance with paragraph (3), and in addition to the mandates under section 3631
of title 18, United States Code—
(A) evaluate the female offender risk and needs assessment for its ability to address the particular health and
sensitivities of federally incarcerated pregnant women and
mothers in accordance with this subsection;
(B) develop recommendations regarding recidivism
reduction programs and productive activities in accordance
with subsection (c);
(C) conduct ongoing research and data analysis on—
(i) the best practices relating to the use of offender
risk and needs assessment tools for female offenders
with a particular emphasis on how those tools address
the health and sensitivities of federally incarcerated
pregnant women and mothers;
(ii) potential improvements to risk and needs
assessment tools for female offenders to address the
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Assessments.
Assessments.
Evaluation.
Consultation.
PUBL103
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Consultation.
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PUBLIC LAW 117–103—MAR. 15, 2022
health and sensitivities of federally incarcerated pregnant women and mothers; and
(iii) which recidivism reduction programs are the
most effective—
(I) for federally incarcerated pregnant women
and mothers classified at different recidivism risk
levels; and
(II) for addressing the specific needs of federally incarcerated pregnant women and mothers;
(D) on a biennial basis, review any findings related
to evaluations conducted under subparagraph (A) and the
recommendations developed under subparagraph (B), using
the research conducted under subparagraph (C), to determine whether any revisions or updates should be made
to female offender risk and needs assessment systems,
and if so, make such revisions or updates;
(E) hold periodic meetings with the individuals listed
in paragraph (1) at intervals to be determined by the
Director;
(F) develop tools to communicate parenting program
availability and eligibility criteria to each employee of the
Bureau of Prisons and each pregnant inmate to ensure
that each pregnant inmate in the custody of a Bureau
of Prisons facility understands the resources available to
such inmate; and
(G) report to Congress in accordance with subsection
(h).
(3) METHODS.—In carrying out the duties under paragraph
(2), the Director shall—
(A) consult relevant stakeholders; and
(B) make decisions using data that is based on available statistical and empirical evidence.
(e) ELIGIBILITY.—An inmate may apply to participate in the
Program if the inmate—
(1) is pregnant at the beginning of or during the term
of imprisonment; and
(2) is in the custody or control of the Bureau of Prisons.
(f) PROGRAM TERMS.—
(1) TERM OF PARTICIPATION.—To correspond with the purposes and goals of the Program to promote bonding during
the critical stages of child development, an eligible inmate
selected for the Program may participate in the Program, subject to subsection (g), until the earliest of—
(A) the date that the inmate’s term of imprisonment
terminates; or
(B) the date the infant fails to meet any medical criteria established by the Director.
(2) INMATE REQUIREMENTS.—For the duration of an
inmate’s participation in the Program, the inmate shall agree
to—
(A) take substantive steps towards acting in the role
of a parent or guardian to any child of that inmate;
(B) participate in any recommended educational or
counseling opportunities, including topics such as child
development, parenting skills, domestic violence, vocational
training, or substance abuse, as appropriate;
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(C) abide by any court decision regarding the legal
or physical custody of the child; and
(D) specify a person who has agreed to take at least
temporary custody of the child if the inmate’s participation
in the Program terminates before the inmate’s release.
(g) CONTINUITY OF CARE.—The Director shall take appropriate
actions to prevent detachment or disruption of either an inmate’s
or infant’s health and bonding-based well-being due to termination
of the Program.
(h) REPORTING.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, and once each year thereafter for
5 years, the Director shall submit a progress report to the
Congress with regards to implementing the Program.
(2) FINAL REPORT.—Not later than 6 months after the
termination of the Program, the Director shall issue a final
report to the Congress that contains a detailed statement of
the Director’s findings and conclusions, including recommendations for legislation, administrative actions, and regulations
the Director considers appropriate.
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Time period.
Recommendations.
Regulations.
SEC. 1003. RESEARCH AND REPORT ON WOMEN IN FEDERAL INCARCERATION.
18 USC 4001
note.
Not later than 18 months after the date of enactment of this
Act, and thereafter, every other year, the National Institute of
Justice, in consultation with the Bureau of Justice Statistics and
the Bureau of Prisons (including the Women and Special Population
Branch) shall prepare a report on the status of women in Federal
incarceration. Depending on the topic to be addressed, and the
facility, data shall be collected from Bureau of Prisons personnel
and a sample that is representative of the population of incarcerated
women. The report shall include—
(1) with regard to Federal facilities wherein women are
incarcerated—
(A) responses by such women to questions from the
Adverse Childhood Experience (ACES) questionnaire;
(B) demographic data of such women;
(C) data on the number of women who are incarcerated
and placed in Federal and private facilities more than
200 miles from their place of residence;
(D) responses by such women to questions about the
extent of exposure to sexual victimization, sexual violence
and domestic violence (both inside and outside of incarceration);
(E) the number of such women pregnant at the time
that they entered incarceration;
(F) the number of such women who have children
age 18 or under, and if so, how many; and
(G) the crimes for which such women are incarcerated
and the length of their sentence and to the extent practicable, any information on the connection between the
crime of which they were convicted and their experience
of domestic violence, dating violence, sexual assault, or
stalking; and
(2) with regard to all Federal facilities where persons are
incarcerated—
Time period.
Consultation.
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Data.
Data.
Lists.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
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(A) a list of best practices with respect to women’s
incarceration and transition, including staff led programs,
services, and management practices (including making
sanitary products readily available and easily accessible,
and access to and provision of healthcare);
(B) the availability of trauma treatment at each facility
(including number of beds, and number of trained staff);
(C) rates of serious mental illness broken down by
gender and security level and a list of residential programs
available by site; and
(D) the availability of vocational education and a list
of vocational programs provided by each facility.
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18 USC 3624
note.
SEC. 1004. REENTRY PLANNING AND SERVICES FOR INCARCERATED
WOMEN.
Coordination.
Standards.
(a) IN GENERAL.—The Attorney General, in coordination with
the Director of the Office of Probation and Pretrial Services and
the Director of the Bureau of Prisons (including the Women and
Special Population Branch), shall collaborate on a model of gender
responsive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic
and sexual violence.
(b) REQUIRED CONSULTATION.—In developing the model
required under subsection (a), the Attorney General shall consult
with such experts within the Federal government (including the
Office on Violence Against Women of the Department of Justice),
within Indian Tribes (as defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5304)),
within Native Hawaiian organizations (as defined in section 6207
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7517)), and in the victim service provider community (including
sexual and domestic violence and homelessness, job training and
job placement service providers) as are necessary to the completion
of a comprehensive plan.
(c) CONTENTS.—The model required under subsection (a) shall
address, at a minimum—
(1) the development by the Bureau of Prisons of a contract
for gender collaborative services; and
(2) identification by re-entry affairs coordinators and
responsive planning for the needs of re-entering women with
respect to—
(A) housing, including risk of homelessness;
(B) previous exposure to and risk for domestic and
sexual violence;
(C) the need for parenting classes, assistance securing
childcare, or assistance in seeking or securing jobs that
afford flexibility (as might be necessary in the re-entry,
parenting or other contexts);
(D) other support tailored to the needs of Indigenous
women, including American Indian, Alaska Native, and
Native Hawaiian women; and
(E) the need to ensure a family-focused reentry, by—
(i) including incarcerated mothers, their children,
and their caregivers to create family reentry planning
and programming; and
(ii) informing reentry information to visiting families.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 919
SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.
To carry out this title, there are authorized to be appropriated
$8,000,000 for each of fiscal years 2023 through 2027.
Time period.
TITLE XI—LAW ENFORCEMENT TOOLS
TO ENHANCE PUBLIC SAFETY
SEC. 1101. NICS DENIAL NOTIFICATION ACT OF 2022.
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(a) SHORT TITLE.—This section may be cited as the ‘‘NICS
Denial Notification Act of 2022’’.
(b) LOCAL LAW ENFORCEMENT AUTHORITY DEFINED.—Section
921(a) of title 18, United States Code, is amended by adding at
the end the following:
‘‘(36) The term ‘local law enforcement authority’ means
a bureau, office, department or other authority of a State or
local government or Tribe that has jurisdiction to investigate
a violation or potential violation of, or enforce, a State, local,
or Tribal law.’’.
(c) AMENDMENT.—Chapter 44 of title 18, United States Code,
is amended by inserting after section 925A the following:
‘‘§ 925B. Reporting of background check denials to State
authorities
‘‘(a) IN GENERAL.—If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) (referred to in this section
as ‘NICS’) provides a notice pursuant to section 922(t) that the
receipt of a firearm by a person would violate subsection (g) or
(n) of section 922 or State, local, or Tribal law, the Attorney General
shall, in accordance with subsection (b) of this section—
‘‘(1) report to the local law enforcement authority of the
State or Tribe where the person sought to acquire the firearm
and, if different, the local law enforcement authorities of the
State or Tribe of residence of the person—
‘‘(A) that the notice was provided;
‘‘(B) the Federal, State, local or Tribal prohibition;
‘‘(C) the date and time the notice was provided;
‘‘(D) the location of the licensee where the firearm
was sought to be transferred; and
‘‘(E) the identity of the person; and
‘‘(2) where practicable, report the incident to State and
local prosecutors or Tribal prosecutors in the jurisdiction where
the firearm transfer was sought.
‘‘(b) REQUIREMENTS FOR REPORT.—A report is made in accordance with this subsection if the report is made under subsection
(a) within 24 hours after the NICS denies a firearm transfer in
accordance with section 922(t) of title 18, United States Code,
except that the making of the report may be delayed for so long
as is necessary to avoid compromising an ongoing investigation.
‘‘(c) AMENDMENT OF REPORT.—If a report is made in accordance
with subsection (b) and, after such report is made, the Federal
Bureau of Investigation determines that the receipt of a firearm
by a person for whom the report was made would not violate
subsection (g) or (n) of section 922 or State, local, or Tribal law,
the Attorney General shall notify any law enforcement authority
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NICS Denial
Notification Act
of 2022.
18 USC 1 note.
Definition.
18 USC 925B.
Notice.
Arms and
munitions.
Determination.
Notification.
PUBL103
136 STAT. 920
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PUBLIC LAW 117–103—MAR. 15, 2022
and any prosecutor to whom the report was made of that determination.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall
be construed to require a report with respect to a person to be
made to the same State authorities that made the original denial
determination with respect to the transfer of the firearm.’’.
(d) CLERICAL AMENDMENT.—The table of sections for chapter
44 of title 18, United States Code, is amended by inserting after
the item relating to section 925A the following:
‘‘925B. Reporting of background check denials to State authorities.’’.
SEC. 1102. ANNUAL REPORT TO CONGRESS.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
as amended by section 1101, is amended by inserting after section
925B the following:
18 USC 925C.
Arms and
munitions.
Notices.
18 USC 921 prec.
‘‘§ 925C. Annual report to Congress
‘‘Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall submit
to Congress a report detailing the following, broken down by Federal
judicial district:
‘‘(1) With respect to each category of persons prohibited
by subsection (g) or (n) of section 922 or State law from receiving
or possessing a firearm who are so denied a firearm—
‘‘(A) the number of denials;
‘‘(B) the number of denials referred to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives;
‘‘(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines that
the person denied was not prohibited by subsection (g)
or (n) of section 922 or State law from receiving or possessing a firearm;
‘‘(D) the number of denials overturned through the
appeals process of the national instant criminal background
check system established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901);
‘‘(E) the number of denials with respect to which an
investigation was opened by a field division of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives;
‘‘(F) the number of persons charged with a Federal
criminal offense in connection with a denial; and
‘‘(G) the number of convictions obtained by Federal
authorities in connection with a denial.
‘‘(2) The number of background check notices reported
pursuant to section 925B (including the number of the notices
that would have been so reported but for section 925B(c)).’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
44 of title 18, United States Code, as amended by section 1101,
is amended by inserting after the item relating to section 925B
the following:
‘‘925C. Annual report to Congress.’’.
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SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED ATTORNEYS.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
as amended by section 1102, is further amended by inserting after
section 925C the following:
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136 STAT. 921
‘‘§ 925D. Special assistant U.S. attorneys and cross-deputized
attorneys
‘‘(a) IN GENERAL.—In order to improve the enforcement of paragraphs (8) and (9) of section 922(g), the Attorney General may—
‘‘(1) appoint, in accordance with section 543 of title 28,
qualified State, Tribal, territorial and local prosecutors and
qualified attorneys working for the United States government
to serve as special assistant United States attorneys for the
purpose of prosecuting violations of such paragraphs; and
‘‘(2) deputize State, Tribal, territorial and local law enforcement officers for the purpose of enhancing the capacity of
the agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives in responding to and investigating violations of such
paragraphs.
‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC SAFETY.—The
Attorney General shall—
‘‘(1) identify not fewer than 75 jurisdictions among States,
territories and Tribes where there are high rates of firearms
violence and threats of firearms violence against intimate partners and other persons protected under paragraphs (8) and
(9) of section 922(g) and where local authorities lack the
resources to address such violence;
‘‘(2) make such appointments as described in subsection
(a) in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury
rates; and
‘‘(3) establish, in order to receive and expedite requests
for assistance from State, Tribal, territorial, and local law
enforcement agencies responding to intimate partner violence
cases where such agencies have probable cause to believe that
the offenders may be in violation of such paragraphs, points
of contact within—
‘‘(A) each Field Division of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives; and
‘‘(B) each District Office of the United States Attorneys.
‘‘(c) QUALIFIED DEFINED.—For purposes of this section, the term
‘qualified’ means, with respect to an attorney, that the attorney
is a licensed attorney in good standing with any relevant licensing
authority.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
44 of title 18, United States Code, as amended by this Act, is
further amended by inserting after the item relating to section
925C the following:
18 USC 925D.
Appointment.
18 USC 921 prec.
‘‘925D. Special assistant U.S. attorneys and cross-deputized attorneys.’’.
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SEC. 1104. UNLAWFUL ACTS.
(a) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE DEFINED.—
Section 921(a)(33)(A)(i) of title 18, United States Code, is amended
by striking ‘‘or Tribal law’’ and inserting ‘‘, Tribal, or local law’’.
(b) TRANSFERS.— Section 922(t) of title 18, United States Code,
is amended(1) in paragraph (1)(B)(ii), by inserting ‘‘, or State, local,
or Tribal law’’ after ‘‘subsection (g) or (n) of this section’’;
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ‘‘, local or Tribal’’ after ‘‘State’’;
(3) in paragraph (4), by inserting ‘‘local, or Tribal’’ after
‘‘State’’; and
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136 STAT. 922
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(4) in paragraph (5), by inserting ‘‘local, or Tribal’’ after
‘‘State’’.
SEC. 1105. REVIEW ON CRIMINAL OFFENSES AFFECTING NATIVE
HAWAIIANS.
Recommendations.
Proposals.
Definition.
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Coordination.
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(a) NATIVE HAWAIIAN DEFINED.—In this section, the term
‘‘Native Hawaiian’’ has the meaning given the term in section
801 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4221).
(b) REVIEW OF RELEVANT FEDERAL CRIME PREVENTION, VICTIM
SERVICE, AND CRIMINAL JUSTICE PROGRAMS SERVING NATIVE HAWAIIANS.—
(1) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Attorney General shall submit a
report to Congress containing the following:
(A) The results and findings of the comprehensive
review required to be conducted under paragraph (2).
(B) The amount of Federal funding received by Native
Hawaiian-serving organizations from relevant Federal programs, including the percentage of each such amount of
funding received by Native Hawaiian-serving organizations
relative to the total amount of funding dispersed for each
relevant Federal program.
(C) Recommendations and legislative proposals to—
(i) improve how relevant Federal programs address
the needs of Native Hawaiians;
(ii) improve responses to and investigation of
incidences of missing or murdered Native Hawaiians;
(iii) reduce the likelihood that a Native Hawaiian
may become involved in the criminal justice system;
and
(iv) address any other relevant matters deemed
necessary by the Attorney General.
(2) COMPREHENSIVE REVIEW.—The Attorney General shall
conduct a comprehensive review of relevant Federal programs.
(3) RELEVANT FEDERAL PROGRAM.—In this subsection, the
term ‘‘relevant Federal program’’ means any—
(A) law enforcement or other crime prevention program
targeting criminal offenses that affect Native Hawaiians,
including child sexual exploitation, child abuse, intimate
partner violence, human trafficking, missing or murdered
individuals, and substance abuse;
(B) any program that provide services to victims of
criminal offenses affecting Native Hawaiians, including
child sexual exploitation, child abuse, intimate partner
violence, human trafficking, and substance abuse; and
(C) any criminal justice system program or service
available to and used by Native Hawaiians in various
jurisdictions, including diversion programs, in-prison education programs, and reentry services.
(c) REPORT ON NATIVE HAWAIIANS IN THE CRIMINAL JUSTICE
SYSTEM.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Attorney General, acting through
the National Institute of Justice, in coordination with the
Bureau of Justice Statistics, shall prepare a report on the
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136 STAT. 923
interaction of Native Hawaiians with the criminal justice
system.
(2) CONTENTS OF REPORT.—The report required under this
subsection shall include—
(A) known statistics related to the percentage of persons who are Native Hawaiians out of the total of—
(i) all persons arrested;
(ii) all persons detained in Federal, State, and
local jails;
(iii) all persons subject to pretrial supervision;
(iv) all persons subject to post-conviction supervision;
(v) all persons incarcerated in Federal and State
prisons; and
(vi) all persons subject to post-release supervision;
(B) an explanation of why the statistics described in
subparagraph (A) may not be comprehensive;
(C) recommendations on how data collection related
to the statistics described in subparagraph (A) could be
improved;
(D) a description of any culturally relevant programs
available to Native Hawaiians who interact with the Federal criminal justice system; and
(E) a summary of any available data on the number
of Native Hawaiians who are incarcerated and placed in
Federal and private correctional facilities more than 200
miles from their place of residence.
TITLE XII—CLOSING THE LAW
ENFORCEMENT CONSENT LOOPHOLE
Statistics.
Recommendations.
Summary.
Data.
Closing the Law
Enforcement
Consent Loophole
Act of 2022.
SEC. 1201. SHORT TITLE.
18 USC 1 note.
This title may be cited as the ‘‘Closing the Law Enforcement
Consent Loophole Act of 2022’’.
SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING
SEXUAL MISCONDUCT.
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(a) AMENDMENT.—
(1) IN GENERAL.—Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 250. Penalties for civil rights offenses involving sexual
misconduct
‘‘(a) OFFENSE.—It shall be unlawful for any person to, in the
course of committing an offense under this chapter or under section
901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause
another to engage in, sexual misconduct.
‘‘(b) PENALTIES.—Any person who violates subsection (a) shall
be—
‘‘(1) in the case of an offense involving aggravated sexual
abuse, as defined in section 2241, or if the offense involved
sexual abuse, as defined in section 2242, or if the offense
involved an attempt to commit such aggravated sexual abuse
or sexual abuse, fined under this title and imprisoned for any
term of years or for life;
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18 USC 250.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(2) in the case of an offense involving abusive sexual
contact of a child who has not attained the age of 16, of
the type prohibited by section 2244(a)(5), fined under this title
and imprisoned for any term of years or for life;
‘‘(3) in the case of an offense involving a sexual act, as
defined in section 2246, with another person without the other
person’s permission, and it does not amount to sexual abuse
or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years;
‘‘(4) in the case of an offense involving abusive sexual
contact of the type prohibited by subsection (a)(1) or (b) of
section 2244, but excluding abusive sexual contact through
the clothing—
‘‘(A) fined under this title and imprisoned for not more
than 10 years; and
‘‘(B) if the offense involves a child who has not attained
the age of 12 years, imprisoned for not more than 30
years;
‘‘(5) in the case of an offense involving abusive sexual
contact of the type prohibited by section 2244(a)(2)—
‘‘(A) fined under this title and imprisoned for not more
than 3 years; and
‘‘(B) if the offense involves a child under the age of
12, imprisoned for not more than 20 years; and
‘‘(6) in the case of an offense involving abusive sexual
contact through the clothing of the type prohibited by subsection
(a)(3), (a)(4), or (b) of section 2244—
‘‘(A) fined under this title and imprisoned for not more
than 2 years; and
‘‘(B) if the offense involves a child under the age of
12, imprisoned for not more than 10 years.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 13 of title 18, United States Code,
is amended by inserting after the item relating to section 249
the following:
Time period.
Time period.
Time period.
Time period.
18 USC 241 prec.
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‘‘250. Penalties for civil rights offenses involving sexual misconduct.’’.
(b) SEXUAL ABUSE.—Section 2242 of title 18, United States
Code, is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the end;
(2) in paragraph (2)(B), by inserting ‘‘or’’ after the semicolon; and
(3) by inserting after paragraph (2) the following:
‘‘(3) engages in a sexual act with another person without
that other person’s consent, to include doing so through coercion;’’.
(c) SEXUAL ABUSE OF A MINOR, A WARD, OR AN INDIVIDUAL
IN FEDERAL CUSTODY.—
(1) IN GENERAL.—Section 2243 of title 18, United States
Code, is amended—
(A) by striking the section heading and inserting
‘‘Sexual abuse of a minor, a ward, or an individual
in Federal custody’’;
(B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(C) by adding after subsection (b) the following:
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 925
‘‘(c) OF AN INDIVIDUAL IN FEDERAL CUSTODY.—Whoever, while
acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under
arrest, under supervision, in detention, or in Federal custody, shall
be fined under this title, imprisoned not more than 15 years, or
both.’’.
(2) CLERICAL AMENDMENT.—The table of sections for
chapter 109A of title 18, United States Code, is amended by
striking the item relating to section 2243 and inserting the
following:
Time period.
18 USC 2241
prec.
‘‘2243. Sexual abuse of a minor, a ward, or an individual in Federal custody.’’.
(d) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of title 18,
United States Code, is amended—
(1) in paragraph (4), by striking ‘‘or’’ at the end;
(2) in paragraph (5), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(6) subsection (c) of section 2243 of this title had the
sexual contact been a sexual act, shall be fined under this
title, imprisoned not more than two years, or both;’’;
(e) DEFINITION.—Section 2246 of title 18, United States Code,
is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (6) the following:
‘‘(7) the term ‘Federal law enforcement officer’ has the
meaning given the term in section 115.’’.
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SEC. 1203. INCENTIVES FOR STATES.
34 USC 60106.
(a) AUTHORITY TO MAKE GRANTS.—The Attorney General is
authorized to make grants to States that have in effect a law
that—
(1) makes it a criminal offense for any person acting under
color of law of the State to knowingly engage in a sexual
act with an individual who is under arrest, in detention, or
otherwise in the actual custody of any law enforcement officer;
and
(2) prohibits a person charged with an offense described
in paragraph (1) from asserting the consent of the other individual as a defense.
(b) REPORTING REQUIREMENT.—A State that receives a grant
under this section shall submit to the Attorney General, on an
annual basis, information on—
(1) the number of reports made to law enforcement agencies
in that State regarding persons engaging in a sexual act while
acting under color of law during the previous year; and
(2) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported during
the previous year.
(c) APPLICATION.—A State seeking a grant under this section
shall submit an application to the Attorney General at such time,
in such manner, and containing such information as the Attorney
General may reasonably require, including information about the
law described in subsection (a).
(d) GRANT AMOUNT.—The amount of a grant to a State under
this section shall be in an amount that is not greater than 10
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136 STAT. 926
percent of the average of the total amount of funding of the 3
most recent awards that the State received under the following
grant programs:
(1) 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) Section 41601 of the Violence Against Women Act of
1994 (34 U.S.C. 12511) (commonly referred to as the ‘‘Sexual
Assault Services Program’’).
(e) GRANT TERM.—
(1) IN GENERAL.—The Attorney General shall provide an
increase in the amount provided to a State under the grant
programs described in subsection (d) for a 2-year period.
(2) RENEWAL.—A State that receives a grant under this
section may submit an application for a renewal of such grant
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(3) LIMIT.—A State may not receive a grant under this
section for more than 4 years.
(f) USES OF FUNDS.—A State that receives a grant under this
section shall use—
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of subsection (d); and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of subsection (d).
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2023 through 2027.
(h) DEFINITION.—For purposes of this section, the term ‘‘State’’
means each of the several States and the District of Columbia,
Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
Time period.
Time period.
34 USC 60106
note.
Time period.
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Time periods.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 1204. REPORTS TO CONGRESS.
(a) REPORT BY ATTORNEY GENERAL.—Not later than 1 year
after the date of enactment of this Act, and each year thereafter,
the Attorney General shall submit to Congress and make publicly
available on the Department of Justice website a report containing—
(1) the information required to be reported to the Attorney
General under section 1203(b); and
(2) information on—
(A) the number of reports made, during the previous
year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color
of law; and
(B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
(b) REPORT BY GAO.—Not later than 1 year after the date
of enactment of this Act, and each year thereafter, the Comptroller
General of the United States shall submit to Congress a report
on any violations of section 2243(c) of title 18, United States Code,
as amended by section 1302, committed during the 1-year period
covered by the report.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 927
(c) REPORT BY ATTORNEY GENERAL ON CONFLICTS BETWEEN
STATE’S MARRIAGE-AGE AND AGE-BASED SEX OFFENSES.—Not later
than 1 year after the date of enactment of this Act, and each
year thereafter, the Attorney General shall submit to Congress
a report that examines inconsistencies between State laws on marriage-age and State laws on age-based sex offenses and, in particular, States with laws that—
(1) provide an exception to definitions of age-based sex
offenses (including statutory rape), or a defense to prosecution
for such offenses, based on the marriage of the perpetrator
to the victim; or
(2) allow marriages between parties at ages, or with age
differences between them, such that sexual acts between those
parties outside of marriage would constitute an age-based sex
offense (including statutory rape).
SEC. 1205. DEFINITION.
In this title, the term ‘‘sexual act’’ has the meaning given
the term in section 2246 of title 18, United States Code.
Examination.
34 USC 60106
note.
TITLE XIII—OTHER MATTERS
SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violence Against Women Act of 1994
(34 U.S.C. 12402) is amended by striking ‘‘2014 through 2018’’
and inserting ‘‘2023 through 2027’’.
SEC.
1302.
FEDERAL VICTIM
REAUTHORIZATION.
AND
WITNESS
COORDINATORS
Section 40114 of the Violence Against Women Act of 1994
(Public Law 103–322; 108 Stat. 1910) is amended to read as follows:
‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS
COORDINATORS.
‘‘There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim and witness coordinators for the prosecution of sex crimes and domestic violence crimes
where applicable (such as the District of Columbia), $1,000,000
for each of fiscal years 2023 through 2027.’’.
Time period.
SEC. 1303. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS REAUTHORIZATION.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.
20334(a)) is amended by striking ‘‘subtitle’’ and all that follows
and inserting ‘‘subtitle $2,300,000 for each of fiscal years 2023
through 2027’’.
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SEC. 1304. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12311(c)) is amended to read as
follows:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2023 through 2027.’’.
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PUBL103
136 STAT. 928
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 1305. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 219(a) of the Crime Control Act of 1990 (34 U.S.C.
20324(a)) is amended by striking ‘‘2014 through 2018’’ and inserting
‘‘2023 through 2027’’.
Reports.
SEC. 1306. REVIEW OF LINK BETWEEN SUBSTANCE USE AND VICTIMS
OF DOMESTIC VIOLENCE DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Health and Human Services shall complete
a review and submit to Congress a report on whether being a
victim of domestic violence, dating violence, sexual assault, or
stalking increases the likelihood of having a substance use disorder.
SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FEDERAL
EFFORTS TO COLLECT DATA ON SEXUAL VIOLENCE.
Deadline.
Recommendations.
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Publication.
Recommendations.
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(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Attorney General shall establish
an interagency working group to study Federal efforts to collect
data on sexual violence and to make recommendations on the
harmonization of such efforts.
(b) COMPOSITION.—The Working Group shall be comprised of
at least one representative from each of the following agencies,
who shall be selected by the head of that agency:
(1) The Centers for Disease Control and Prevention.
(2) The Department of Education.
(3) The Department of Health and Human Services.
(4) The Department of Justice.
(5) The Equal Employment Opportunity Commission.
(c) DUTIES.—The Working Group shall consider the following:
(1) What activity constitutes different acts of sexual
violence.
(2) Whether reports that use the same terms for acts of
sexual violence are collecting the same data on these acts.
(3) Whether the context which led to an act of sexual
violence should impact how that act is accounted for in reports.
(4) Whether the data collected is presented in a way that
allows the general public to understand what acts of sexual
violence are included in each measurement.
(5) Steps that agencies that compile reports relating to
sexual violence can take to avoid double counting incidents
of sexual violence.
(d) REPORT REQUIRED.—Not later than 2 years after the date
of enactment of this Act, the Working Group shall publish and
submit to Congress a report on the following:
(1) The activities of the Working Group.
(2) Recommendations to harmonize Federal efforts to collect
data on sexual violence.
(3) Actions Federal agencies can take to implement the
recommendations described in paragraph (2).
(4) Recommendations, if any, for congressional action to
implement the recommendations described in paragraph (2).
(e) TERMINATION.—The Working Group shall terminate 30 days
after the date on which the report is submitted pursuant to subsection (d).
(f) DEFINITIONS.—In this section:
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 929
(1) HARMONIZE.—The term ‘‘harmonize’’ includes efforts to
coordinate sexual violence data collection to produce complementary information, as appropriate, without compromising
programmatic needs.
(2) SEXUAL VIOLENCE.—The term ‘‘sexual violence’’ includes
an unwanted sexual act (including both contact and non-contact) about which the Federal Government collects information.
(3) WORKING GROUP.—The term ‘‘Working Group’’ means
the interagency working group established under subsection
(a).
SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES
TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL
VIOLENCE; ASSISTANCE FOR MICROBUSINESSES.
Section 41501(b) of the Violence Against Women Act of 1994
(34 U.S.C. 12501(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘companies and public entities’’ and
inserting ‘‘companies, public entities’’; and
(B) by inserting ‘‘, and employers with fewer than
20 employees’’ after ‘‘State and local governments’’; and
(2) in paragraph (3), by inserting before the period at
the end the following: ‘‘, which materials shall include a website
with resources for employers with fewer than 20 employees,
including live training materials’’.
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SEC. 1309. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE
IMAGES.
15 USC 6851.
(a) DEFINITIONS.—In this section:
(1) COMMERCIAL PORNOGRAPHIC CONTENT.—The term
‘‘commercial pornographic content’’ means any material that
is subject to the record keeping requirements under section
2257 of title 18, United States Code.
(2) CONSENT.—The term ‘‘consent’’ means an affirmative,
conscious, and voluntary authorization made by the individual
free from force, fraud, misrepresentation, or coercion.
(3) DEPICTED INDIVIDUAL.—The term ‘‘depicted individual’’
means an individual whose body appears in whole or in part
in an intimate visual depiction and who is identifiable by virtue
of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable
feature, or from information displayed in connection with the
visual depiction.
(4) DISCLOSE.—The term ‘‘disclose’’ means to transfer, publish, distribute, or make accessible.
(5) INTIMATE VISUAL DEPICTION.—The term ‘‘intimate visual
depiction’’—
(A) means a visual depiction, as that term is defined
in section 2256(5) of title 18, United States Code, that
depicts—
(i) the uncovered genitals, pubic area, anus, or
post-pubescent female nipple of an identifiable individual; or
(ii) the display or transfer of bodily sexual fluids—
(I) on to any part of the body of an identifiable
individual;
(II) from the body of an identifiable individual;
or
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136 STAT. 930
PUBLIC LAW 117–103—MAR. 15, 2022
(III) an identifiable individual engaging in
sexually explicit conduct and
(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was
in a public place only if the individual did not—
(i) voluntarily display the content depicted; or
(ii) consent to the sexual conduct depicted.
(6) SEXUALLY EXPLICIT CONDUCT.—The term ‘‘sexually
explicit conduct’’ has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States
Code.
(b) CIVIL ACTION.—
(1) RIGHT OF ACTION.—
(A) IN GENERAL.—Except as provided in paragraph (4),
an individual whose intimate visual depiction is disclosed,
in or affecting interstate or foreign commerce or using
any means or facility of interstate or foreign commerce,
without the consent of the individual, where such disclosure
was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such
disclosure, may bring a civil action against that person
in an appropriate district court of the United States for
relief as set forth in paragraph (3).
(B) RIGHTS ON BEHALF OF CERTAIN INDIVIDUALS.—In
the case of an individual who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian
of the individual or representative of the identifiable
individual’s estate, another family member, or any other
person appointed as suitable by the court, may assume
the identifiable individual’s’ rights under this section, but
in no event shall the defendant be named as such representative or guardian.
(2) CONSENT.—For purposes of an action under paragraph
(1)—
(A) the fact that the individual consented to the creation of the depiction shall not establish that the person
consented to its distribution; and
(B) the fact that the individual disclosed the intimate
visual depiction to someone else shall not establish that
the person consented to the further disclosure of the
intimate visual depiction by the person alleged to have
violated paragraph (1).
(3) RELIEF.—
(A) IN GENERAL.—In a civil action filed under this
section—
(i) an individual may recover the actual damages
sustained by the individual or liquidated damages in
the amount of $150,000, and the cost of the action,
including reasonable attorney’s fees and other litigation
costs reasonably incurred; and
(ii) the court may, in addition to any other relief
available at law, order equitable relief, including a
temporary restraining order, a preliminary injunction,
or a permanent injunction ordering the defendant to
cease display or disclosure of the visual depiction.
(B) PRESERVATION OF ANONYMITY.—In ordering relief
under subparagraph (A), the court may grant injunctive
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 931
relief maintaining the confidentiality of a plaintiff using
a pseudonym.
(4) EXCEPTIONS.—An identifiable individual may not bring
an action for relief under this section relating to—
(A) an intimate image that is commercial pornographic
content, unless that content was produced by force, fraud,
misrepresentation, or coercion of the depicted individual;
(B) a disclosure made in good faith—
(i) to a law enforcement officer or agency;
(ii) as part of a legal proceeding;
(iii) as part of medical education, diagnosis, or
treatment; or
(iv) in the reporting or investigation of—
(I) unlawful content; or
(II) unsolicited or unwelcome conduct;
(C) a matter of public concern or public interest; or
(D) a disclosure reasonably intended to assist the
identifiable individual.
SEC. 1310. CHOOSE RESPECT ACT.
(a) SHORT TITLE.—This section may be cited as the ‘‘Choose
Respect Act’’.
(b) DESIGNATION.—
(1) IN GENERAL.—Chapter 1 of title 36, United States Code,
is amended by adding at the end the following:
‘‘§ 146. Choose Respect Day
‘‘(a) DESIGNATION.—October 1 is Choose Respect Day.
‘‘(b) RECOGNITION.—All private citizens, organizations, and Federal, State, and local governmental and legislative entities are
encouraged to recognize Choose Respect Day through proclamations,
activities, and educational efforts in furtherance of changing the
culture around the tolerance of violence against women.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for chapter 1 of title 36, United States Code, is
amended by adding at the end the following:
Choose Respect
Act.
36 USC 101 note.
36 USC 146.
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‘‘146. Choose Respect Day.’’.
(c) MEDIA CAMPAIGN.—
(1) DEFINITIONS.—In this subsection:
(A) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office on Violence Against Women.
(B) NATIONAL MEDIA CAMPAIGN.—The term ‘‘national
media campaign’’ means the national ‘‘Choose Respect’’
media campaign described in paragraph (2).
(2) MEDIA CAMPAIGN.—The Director shall, to the extent
feasible and appropriate, conduct a national ‘‘Choose Respect’’
media campaign in accordance with this section for the purposes
of—
(A) preventing and discouraging violence against
women, including domestic violence, dating violence, sexual
assault, and stalking by targeting the attitudes, perceptions, and beliefs of individuals who have or are likely
to commit such crimes;
(B) encouraging victims of the crimes described in
subparagraph (A) to seek help through the means determined to be most effective by the most current evidence
available, including seeking legal representation; and
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34 USC 20131.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(C) informing the public about the help available to
victims of the crimes described in subparagraph (A).
(3) USE OF FUNDS.—
(A) IN GENERAL.—Amounts made available to carry
out this section for the national media campaign may only
be used for the following:
(i) The purchase of media time and space, including
the strategic planning for, tracking, and accounting
of, such purchases.
(ii) Creative and talent costs, consistent with
subparagraph (B).
(iii) Advertising production costs, which may
include television, radio, internet, social media, and
other commercial marketing venues.
(iv) Testing and evaluation of advertising.
(v) Evaluation of the effectiveness of the national
media campaign.
(vi) Costs of contracts to carry out activities authorized by this subsection.
(vii) Partnerships with professional and civic
groups, community-based organizations, including
faith-based organizations and culturally specific
organizations, and government organizations related
to the national media campaign.
(viii) Entertainment industry outreach, interactive
outreach, media projects and activities, public information, news media outreach, corporate sponsorship and
participation, and professional sports associations and
military branch participation.
(ix) Operational and management expenses.
(B) SPECIFIC REQUIREMENTS.—
(i) CREATIVE SERVICES.—In using amounts for creative and talent costs under subparagraph (A), the
Director shall use creative services donated at no cost
to the Government wherever feasible and may only
procure creative services for advertising—
(I) responding to high-priority or emergent
campaign needs that cannot timely be obtained
at no cost; or
(II) intended to reach a minority, ethnic, or
other special audience that cannot reasonably be
obtained at no cost.
(ii) TESTING AND EVALUATION OF ADVERTISING.—
In using amounts for testing and evaluation of advertising under subparagraph (A)(iv), the Director shall
test all advertisements prior to use in the national
media campaign to ensure that the advertisements
are effective with the target audience and meet
industry-accepted standards. The Director may waive
this requirement for advertisements using not more
than 10 percent of the purchase of advertising time
purchased under this section in a fiscal year and not
more than 10 percent of the advertising space purchased under this section in a fiscal year, if the
advertisements respond to emergent and time-sensitive
campaign needs or the advertisements will not be
widely utilized in the national media campaign.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 933
(iii) CONSULTATION.—For the planning of the campaign under paragraph (2), the Director may consult
with—
(I) the Office for Victims of Crime, the
Administration on Children, Youth and Families,
and other related Federal Government entities;
(II) State, local, and Indian Tribal governments;
(III) the prevention of domestic violence,
dating violence, sexual assault, or stalking,
including national and local non-profits; and
(IV) communications professionals.
(iv) EVALUATION OF EFFECTIVENESS OF NATIONAL
MEDIA CAMPAIGN.—In using amounts for the evaluation
of the effectiveness of the national media campaign
under subparagraph (A)(v), the Attorney General
shall—
(I) designate an independent entity to evaluate
by April 20 of each year the effectiveness of the
national media campaign based on data from any
relevant studies or publications, as determined by
the Attorney General, including tracking and
evaluation data collected according to marketing
and advertising industry standards; and
(II) ensure that the effectiveness of the
national media campaign is evaluated in a manner
that enables consideration of whether the national
media campaign has contributed to changes in attitude or behaviors among the target audience with
respect to violence against women and such other
measures of evaluation as the Attorney General
determines are appropriate.
(4) ADVERTISING.—In carrying out this subsection, the
Director shall ensure that sufficient funds are allocated to
meet the stated goals of the national media campaign.
(5) RESPONSIBILITIES AND FUNCTIONS UNDER THE PROGRAM.—
(A) IN GENERAL.—The Director shall determine the
overall purposes and strategy of the national media campaign.
(B) DIRECTOR.—
(i) IN GENERAL.—The Director shall approve—
(I) the strategy of the national media campaign;
(II) all advertising and promotional material
used in the national media campaign; and
(III) the plan for the purchase of advertising
time and space for the national media campaign.
(ii) IMPLEMENTATION.—The Director shall be
responsible for implementing a focused national media
campaign to meet the purposes described in paragraph
(2) and shall ensure—
(I) information disseminated through the campaign is accurate and scientifically valid; and
(II) the campaign is designed using strategies
demonstrated to be the most effective at achieving
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Deadline.
Determination.
Approvals.
PUBL103
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the goals and requirements of paragraph (2), which
may include—
(aa) a media campaign, as described in
paragraph (3);
(bb) local, regional, or population specific
messaging;
(cc) the development of websites to publicize and disseminate information;
(dd) conducting outreach and providing
educational resources for women;
(ee) collaborating with law enforcement
agencies; and
(ff) providing support for school-based
public health education classes to improve teen
knowledge about the effects of violence against
women.
(6) PROHIBITIONS.—None of the amounts made available
under paragraph (3) may be obligated or expended for any
of the following:
(A) To supplant current antiviolence against women
campaigns by community-based coalitions.
(B) To supplant pro bono public service time donated
by national and local broadcasting networks for other public
service campaigns.
(C) For partisan political purposes, or to express
advocacy in support of or to defeat any clearly identified
candidate, clearly identified ballot initiative, or clearly
identified legislative or regulatory proposal.
(D) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials,
or other Federal officials employed pursuant to schedule
C of subpart C of title 5, Code of Federal Regulations.
(E) To fund advertising that does not contain a primary
message intended to reduce or prevent violence against
women.
(F) To fund advertising containing a primary message
intended to promote support for the national media campaign or private sector contributions to the national media
campaign.
(7) FINANCIAL AND PERFORMANCE ACCOUNTABILITY.—The
Director shall cause to be performed—
(A) audits and reviews of costs of the national media
campaign pursuant to section 4706 of title 41, United States
Code; and
(B) an audit to determine whether the costs of the
national media campaign are allowable under chapter 43
of title 41, United States Code.
(8) REPORT TO CONGRESS.—The Director shall submit on
an annual basis a report to Congress that describes—
(A) the strategy of the national media campaign and
whether specific objectives of the national media campaign
were accomplished;
(B) steps taken to ensure that the national media
campaign operates in an effective and efficient manner
consistent with the overall strategy and focus of the
national media campaign;
(C) plans to purchase advertising time and space;
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136 STAT. 935
(D) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising
time and space and eliminate the potential for waste, fraud,
and abuse;
(E) all contracts entered into with a corporation, partnership, or individual working on behalf of the national
media campaign;
(F) the results of any financial audit of the national
media campaign;
(G) a description of any evidence used to develop the
national media campaign;
(H) specific policies and steps implemented to ensure
compliance with this subsection;
(I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the
national media campaign, including each recipient of funds,
the purpose of each expenditure, the amount of each
expenditure, any available outcome information, and any
other information necessary to provide a complete
accounting of the funds expended; and
(J) a review and evaluation of the effectiveness of
the national media campaign strategy for the previous
year.
(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Director to carry out this section
$5,000,000 for each of fiscal years 2023 through 2027, to remain
available until expended.
Time period.
SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.
Section 1403(a)(1) of the Victims of Crime Act of 1984 (34
U.S.C. 20102(a)(1)) is amended by striking ‘‘paragraph (3)’’ and
inserting ‘‘paragraph (4)’’.
SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY
RAPE.
Section 2243(c) of title 18, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘(1) In a’’ and inserting
‘‘In a’’; and
(2) by striking paragraph (2).
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SEC. 1313. SENIOR POLICY ADVISOR ON CULTURALLY SPECIFIC
COMMUNITIES WITHIN THE OFFICE OF JUSTICE PROGRAMS.
34 USC 10112.
(a) ESTABLISHMENT; DUTIES.—There shall be a Senior Policy
Advisor on Culturally Specific Communities within the Office of
Justice Programs who shall, under the guidance and authority
of the Assistant Attorney General of the Office of Justice Programs—
(1) advise on the administration of grants related to culturally specific (as defined in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a))) services and
contracts with culturally specific organizations;
(2) coordinate development of Federal policy, protocols, and
guidelines on matters relating to domestic violence, dating
violence, sexual assault, and stalking (as those terms are
defined in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a)), in culturally specific communities;
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136 STAT. 936
(3) advise the Assistant Attorney General for the Office
of Justice Programs concerning policies, legislation,
implementation of laws, and other issues relating to domestic
violence, dating violence, sexual assault, and stalking in culturally specific communities;
(4) provide technical assistance, coordination, and support
to other offices and bureaus in the Department of Justice
to develop policy and to enforce Federal laws relating to
domestic violence, dating violence, sexual assault, and stalking
in culturally specific communities;
(5) ensure that appropriate technical assistance, developed
and provided by entities having expertise in culturally specific
communities, is made available to grantees and potential
grantees proposing to serve culturally specific communities;
and
(6) ensure access to grants and technical assistance for
culturally specific organizations and analyze the distribution
of funding in order to identify barriers for culturally specific
organizations.
(b) QUALIFICATIONS.—The Senior Policy Advisor on Culturally
Specific Communities shall be an individual with—
(1) personal, lived, and work experience from a culturally
specific community; and
(2) a demonstrated history of and expertise in addressing
domestic violence or sexual assault in a nongovernmental
agency.
(c) INITIAL APPOINTMENT.—Not later than 120 days after the
date of enactment of this Act, the Assistant Attorney General of
the Office of Justice Programs shall appoint an individual as Senior
Policy Advisor on Culturally Specific Communities.
Deadline.
20 USC 1689.
SEC. 1314. TASK FORCE ON SEXUAL VIOLENCE IN EDUCATION.
Deadline.
Recommendations.
(a) TASK FORCE ON SEXUAL VIOLENCE IN EDUCATION.—Not
later than September 1, 2022, the Secretary of Education, the
Secretary of Health and Human Services, and the Attorney General
shall establish a joint interagency task force to be known as the
‘‘Task Force on Sexual Violence in Education’’ that shall—
(1) provide pertinent information to the Secretary of Education, the Attorney General, Congress, and the public with
respect to campus sexual violence prevention, investigations,
and responses, including the creation of consistent, public complaint processes for violations of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f));
(2) provide recommendations to educational institutions for
establishing sexual assault prevention and response teams;
(3) develop recommendations for educational institutions
on providing survivor resources, including health care, sexual
assault kits, sexual assault nurse examiners, culturally responsive and inclusive standards of care, trauma-informed services,
and access to confidential advocacy and support services;
(4) develop recommendations in conjunction with student
groups for best practices for responses to and prevention of
sexual violence and dating violence for educational institutions,
taking into consideration an institution’s size and resources;
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(5) develop recommendations for educational institutions
on sex education, as appropriate, training for school staff, and
various equitable discipline models;
(6) develop recommendations on culturally responsive and
inclusive approaches to supporting survivors, which include
consideration of race, ethnicity, national origin, religion,
immigrant status, lesbian, gay, bisexual, or transgender (commonly referred to as ‘‘LGBT’’) status, ability, disability, socioeconomic status, exposure to trauma, and other compounding
factors;
(7) solicit periodic input from a diverse group of survivors,
trauma specialists, advocates from national, State, and local
anti-sexual violence advocacy organizations, institutions of
higher education, and other public stakeholders;
(8) assess the Department of Education’s ability under
section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) and the advisability of additional remedies for such
noncompliance, in addition to the remedies already available
under Federal law; and
(9) create a plan described in subsection (c).
(b) PERSONNEL DETAILS.—
(1) AUTHORITY TO DETAIL.—Notwithstanding any other
provision of law, the head of a component of any Federal
agency for which appropriations are authorized under the
Violence Against Women Act of 1994 (34 U.S.C. 13925 et seq.),
or any amendments made by that Act, may detail an officer
or employee of such component to the Task Force on Sexual
Violence in Education or to the Secretary of Education to assist
the Task Force with the duties described in subsection (a),
as jointly agreed to by the head of such component and the
Task Force.
(2) TERMS OF DETAIL.—A personnel detail made under paragraph (1) may be made—
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) ADDITIONAL PLAN.—Not later than 90 days after the date
on which the Task Force on Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress
recommendations for recruiting, retaining, and training a highlyqualified workforce employed by the Department of Education to
carry out investigation of complaints alleging a violation of title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
or section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)), and enforcement of such title IX (20 U.S.C. 1681 et seq.)
or such section 485(f) (20 U.S.C. 1092(f)), with respect to sexual
violence in education, which shall include—
(1) an assessment to identify gaps or challenges in carrying
out such investigation and enforcement, which may include
surveying the current investigative workforce to solicit feedback
on areas in need of improvement;
(2) an examination of issues of recruiting, retention, and
the professional development of the current investigative
workforce, including the possibility of providing retention
bonuses or other forms of compensation for the purpose of
ensuring the Department of Education has the capacity, in
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Assessment.
Time period.
Reimbursement.
Deadline.
Recommendations.
Assessment.
Examination.
PUBL103
136 STAT. 938
both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions;
(3) an assessment of the benefits of outreach and training
with both law enforcement agencies and educational institutions with respect to such workforce;
(4) an examination of best practices for making educational
institutions aware of the most effective campus sexual violence
prevention, investigation, and response practices and identifying areas where more research should be conducted; and
(5) strategies for addressing such other matters as the
Secretary of Education considers necessary to sexual violence
prevention, investigation, and responses.
(d) ANNUAL REPORTING.—The Task Force on Sexual Violence
in Education shall submit to Congress, and make publicly available,
an annual report of its activities and any update of the plan required
under subsection (c), including—
(1) the number of complaints received regarding sexual
violence at educational institutions;
(2) the number of open investigations of sexual violence
at educational institutions;
(3) the number of such complaints that continued to resolution;
(4) the number of such complaints resolved using informal
resolution;
(5) the average time to complete such an investigation;
(6) the number of such investigations initiated based on
complaints; and
(7) the number of such investigations initiated by the
Department of Education.
(e) DEFINITIONS.—In this section:
(1) EDUCATIONAL INSTITUTION.—The term ‘‘educational
institution’’ includes an institution of higher education, an
elementary school, or a secondary school.
(2) ELEMENTARY SCHOOL; SECONDARY SCHOOL.—The terms
‘‘elementary school’’ and ‘‘secondary school’’ have the meanings
given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
Assessment.
Examination.
Strategies.
Public
information.
Bree’s Law.
SEC. 1315. BREE’S LAW.
42 USC 201 note.
(a) SHORT TITLE.—This section may be cited as ‘‘Bree’s Law’’.
(b) TEEN DATING VIOLENCE PREVENTION.—Section 1708 of the
Public Health Service Act (42 U.S.C. 300u-7) is amended—
(1) by striking subsection (c) and inserting the following:
‘‘(c) CERTAIN DEMONSTRATION PROJECTS.—
‘‘(1) IN GENERAL.—In carrying out subsection (b)(3), the
Secretary may make grants to carry out demonstration projects
for the purpose of improving adolescent health, including—
‘‘(A) projects to train health care providers in providing
services to adolescents; and
‘‘(B) projects to reduce the incidence of violence among
adolescents, particularly violence related to teen dating,
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which shall include projects to develop and implement educational program to increase abuse awareness and prevention.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—For the purpose
of carrying out paragraph (1), there are authorized to be appropriated $8,000,000 for each of fiscal years 2023 through 2027.’’;
and
(2) by adding at the end the following:
‘‘(g) INTERAGENCY WORK GROUP.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish the
Federal Interagency Work Group on Teen Dating Violence
(referred to in this section as the ‘Work Group’).
‘‘(2) IN GENERAL.—
‘‘(A) COMPOSITION.—Not later than 120 days after the
date of enactment of Bree’s Law, the Secretary shall
appoint representatives to the Work Group from the
Administration for Children and Families, the Centers for
Disease Control and Prevention, the Health Resources and
Services Administration, the Department of Education, the
Department of Justice, and other Federal agencies as determined appropriate by the Secretary.
‘‘(B) CONSULTATION.—The Work Group shall consult
with—
‘‘(i) experts at the State, Tribal, and local levels
with relevant backgrounds in reducing and preventing
the incidence of teen dating violence;
‘‘(ii) victims of teen dating violence; and
‘‘(iii) family members of teens who were killed
by a dating partner.
‘‘(3) DUTIES.—The Work Group shall—
‘‘(A) examine all Federal efforts directed towards
reducing and preventing teen dating violence;
‘‘(B) identify strategies, resources, and supports to
improve State, Tribal, and local responses to the incidence
of teen dating violence;
‘‘(C) make recommendations to Congress for improving
Federal programs and efforts and coordination across such
programs and efforts to reduce and prevent teen dating
violence; and
‘‘(D) make recommendations for educating middle and
high school students on teen dating violence.
‘‘(4) ANNUAL REPORT TO SECRETARY.—The Work Group shall
annually prepare and submit to the Secretary, the Committee
on Health, Education, Labor, and Pensions of the Senate, and
the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work
Group under subsection (c), including recommendations to
reduce and prevent teen dating violence.’’.
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SEC. 1316. FAIRNESS FOR RAPE KIT BACKLOG SURVIVORS ACT OF
2022.
(a) SHORT TITLE.—This section may be cited as the ‘‘Fairness
for Rape Kit Backlog Survivors Act of 2022’’.
(b) CRIME VICTIM COMPENSATION.—Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended—
(1) in paragraph (8), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
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Time period.
Deadline.
Appointments.
Recommendations.
Fairness for
Rape Kit Backlog
Survivors Act
of 2022.
34 USC 10101
note.
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136 STAT. 940
(3) by inserting after paragraph (8) the following:
‘‘(9) beginning not later than 3 years after the date of
enactment of this paragraph, such program—
‘‘(A) provides a waiver for any application filing deadline imposed by the program for a crime victim if—
‘‘(i) the crime victim is otherwise eligible for compensation; and
‘‘(ii) the delay in filing the application was a result
of a delay in the testing of, or a delay in the DNA
profile matching from, a sexual assault forensic examination kit or biological material collected as evidence
related to a sexual offense; and
‘‘(B) does not require the crime victim to undergo an
appeals process to have the application of the crime victim
considered for a filing deadline waiver under subparagraph
(A); and’’.
Deadline.
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Federal Register,
publication.
SEC. 1317. STUDY RELATING TO STATE ACTIONS TO PROHIBIT AIDING
AND ABETTING SEXUAL MISCONDUCT IN SCHOOLS.
Supporting
Access to Nurse
Exams Act.
34 USC 10101
note.
SEC. 1318. SUPPORTING ACCESS TO NURSE EXAMS ACT.
05:42 Jun 13, 2022
Not later than 30 days after the date of enactment of this
Act, the Secretary of Education shall publish in the Federal Register
the findings of the Department of Education’s study, as described
in the notice published in the Federal Register entitled ‘‘Agency
Information Collection Activities; Comment Request; Study of State
Policies to Prohibit Aiding and Abetting Sexual Misconduct in
Schools’’ (84 Fed. Reg. 57708 (October 28, 2019)), reviewing State
actions to prohibit, in accordance with section 8546 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7926),
the aiding and abetting of sexual misconduct in schools.
(a) SHORT TITLE.—This section may be cited as the ‘‘Supporting
Access to Nurse Exams Act’’ or the ‘‘SANE Act’’.
(b) DEFINITIONS.—Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b), and (c) and inserting the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ includes—
‘‘(A) a State, Tribal, or local government or hospital;
‘‘(B) a sexual assault examination program, including—
‘‘(i) a SANE program;
‘‘(ii) a SAFE program;
‘‘(iii) a SART program;
‘‘(iv) medical personnel, including a doctor or
nurse, involved in treating victims of sexual assault;
and
‘‘(v) a victim service provider involved in treating
victims of sexual assault;
‘‘(C) a State sexual assault coalition;
‘‘(D) a health care facility, including a hospital that
provides sexual assault forensic examinations by a qualified
or certified SANE or SAFE;
‘‘(E) a sexual assault examination program that provides SANE or SAFE training; and
‘‘(F) a community-based program that provides sexual
assault forensic examinations, including pediatric forensic
exams in a multidisciplinary setting, by a qualified or
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136 STAT. 941
certified SANE or SAFE outside of a traditional health
care setting.
‘‘(2) HEALTH CARE FACILITY.—The term ‘health care facility’
means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that
provides emergency medical care to patients.
‘‘(3) MEDICAL FORENSIC EXAMINATION; MFE.—The term
‘medical forensic examination’ or ‘MFE’ means an examination
of a sexual assault patient by a health care provider, who
has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which
includes—
‘‘(A) gathering information from the patient for the
medical forensic history;
‘‘(B) an examination;
‘‘(C) coordinating treatment of injuries, documentation
of biological and physical findings, and collection of evidence from the patient;
‘‘(D) documentation of findings;
‘‘(E) providing information, treatment, and referrals
for sexually transmitted infections, pregnancy, suicidal
ideation, alcohol and substance abuse, and other non-acute
medical concerns; and
‘‘(F) providing follow-up as needed to provide additional
healing, treatment, or collection of evidence.
‘‘(4) PEDIATRIC SANE AND SAFE.—The term ‘pediatric SANE
and SAFE’ means a SANE or SAFE who is trained to conduct
sexual assault forensic examinations on children and youth
between the ages of 0 and 18.
‘‘(5) QUALIFIED PERSONNEL.—The term ‘qualified personnel’
includes a registered or advanced practice nurse, physician,
doctor of osteopathy, or physician assistant who has specialized
training conducting medical forensic examinations.
‘‘(6) QUALIFIED SANE AND SAFE TRAINING PROGRAM.—The
term ‘qualified SANE and SAFE training program’ means a
program that—
‘‘(A) is qualified to prepare current and future sexual
assault nurse examiners to be profession-ready and meet
the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or
capstone programs that include longer-term training;
‘‘(B) provides that preparation under a health care
model that uses trauma-informed techniques; and
‘‘(C) is approved as meeting the most recent National
Training Standards for Sexual Assault Medical Forensic
Examiners.
‘‘(7) RURAL AREA.—The term ‘rural area’ has the meaning
given the term in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291).
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary
of Health and Human Services.
‘‘(9) SEXUAL ASSAULT.—The term ‘sexual assault’ means
any nonconsensual sexual act or sexual contact proscribed by
Federal, Tribal, or State law, including when the individual
lacks capacity to consent.
‘‘(10) SEXUAL ASSAULT FORENSIC EXAMINER; SAFE.—The
term ‘sexual assault forensic examiner’ or ‘SAFE’ means an
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PUBLIC LAW 117–103—MAR. 15, 2022
individual who has specialized forensic training in treating
sexual assault survivors and conducting medical forensic
examinations.
‘‘(11) SEXUAL ASSAULT FORENSIC EXAMINATION.—The term
‘sexual assault forensic examination’ means an examination
of a sexual assault patient by a health care provider, who
has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which
includes—
‘‘(A) gathering information from the patient for the
medical forensic history;
‘‘(B) an examination;
‘‘(C) coordinating treatment of injuries, documentation
of biological and physical findings, and collection of evidence from the patient;
‘‘(D) documentation of findings;
‘‘(E) providing information, treatment, and referrals
for sexually transmitted infections, pregnancy, suicidal
ideation, alcohol and substance abuse, and other non-acute
medical concerns; and
‘‘(F) providing follow-up as needed to provide additional
healing, treatment, or collection of evidence.
‘‘(12) SEXUAL ASSAULT NURSE EXAMINER; SANE.—The term
‘sexual assault nurse examiner’ or ‘SANE’ means a registered
or advanced practice nurse who has specialized training conducting medical forensic examinations.
‘‘(13) SEXUAL ASSAULT RESPONSE TEAM; SART.—The term
‘sexual assault response team’ or ‘SART’ means a multidisciplinary team that—
‘‘(A) provides a specialized and immediate response
to survivors of sexual assault; and
‘‘(B) may include health care personnel, law enforcement representatives, community-based survivor advocates,
prosecutors, and forensic scientists.
‘‘(14) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, and any territory or
possession of the United States.
‘‘(15) TRAUMA-INFORMED.—The term ‘trauma-informed’
means, with respect to services or training, services or training
that—
‘‘(A) use a patient-centered approach to providing services or care;
‘‘(B) promote the dignity, strength, and empowerment
of patients who have experienced trauma; and
‘‘(C) incorporate evidence-based practices based on
knowledge about the impact of trauma on patients’ lives.
‘‘(16) UNDERSERVED POPULATIONS.—The term ‘underserved
populations’ has the meaning given the term in section 40002
of the Violence Against Women Act of 1994 (34 U.S.C. 12291).’’.
(c) SEXUAL ASSAULT NURSE EXAMINER GRANTS.—Section 304
of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723)
is amended by inserting after subsection (a), as amended by subsection (b) of this section, the following:
‘‘(b) SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM
GRANTS.—
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136 STAT. 943
‘‘(1) AUTHORIZATION FOR GRANTS.—The Attorney General,
in consultation with the Secretary, shall make grants to eligible
entities for the following purposes:
‘‘(A) To establish qualified regional SANE training programs—
‘‘(i) to provide clinical education for SANE students;
‘‘(ii) to provide salaries for full and part-time SANE
instructors, including those specializing in pediatrics
and working in a multidisciplinary team setting, to
help with the clinical training of SANEs; and
‘‘(iii) to provide access to simulation laboratories
and other resources necessary for clinical education.
‘‘(B) To provide full and part time salaries for SANEs
and SAFEs, including pediatric SANEs and SAFEs.
‘‘(C) To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance
relating to the collection, preservation, analysis, and use
of DNA samples and DNA evidence by SANEs, SAFEs,
and other qualified personnel.
‘‘(2) PREFERENCE FOR GRANTS.—In reviewing applications
for grants under this section, the Attorney General shall give
preference to any eligible entity that certifies in the grant
application that the entity will coordinate with a rape crisis
center or the State sexual assault coalition to facilitate sexual
assault advocacy to support sexual assault survivors and use
the grant funds to—
‘‘(A) establish qualified SANE training programs in
localities with a high volume of forensic trauma cases,
including adult and child sexual assault, domestic violence,
elder abuse, sex trafficking, and strangulation cases;
‘‘(B) increase the local and regional availability of full
and part time sexual assault nurse examiners in a rural
area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts
to provide culturally competent services; or
‘‘(C) establish or sustain sexual assault mobile teams
or units or otherwise enhance SANE and SAFE access
through telehealth.’’.
(d) DIRECTIVE.—Section 304 of the DNA Sexual Assault Justice
Act of 2004 (34 U.S.C. 40723) is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (b), as added by subsection
(c) of this section, the following:
‘‘(c) DIRECTIVE TO THE ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—Not later than the beginning of fiscal
year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities,
and other appropriate health-related entities about—
‘‘(A) the availability of grant funding under this section;
and
‘‘(B) the role of sexual assault nurse examiners, both
adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human
Services to train or employ sexual assault nurses examiners
to address the needs of communities dealing with sexual
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Certification.
Deadline.
Coordination.
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Deadline.
Consultation.
Updates.
Website.
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assault, domestic violence, sex trafficking, elder abuse,
strangulation, and, in particular, the need for pediatric
SANEs, including such nurse examiners working in the
multidisciplinary setting, in responding to abuse of both
children and adolescents.
‘‘(2) REQUIREMENT.—In carrying out paragraph (1), the
Attorney General shall collaborate with nongovernmental
organizations representing SANEs.
‘‘(d) PUBLIC INFORMATION ON ACCESS TO SEXUAL ASSAULT
FORENSIC EXAMINATIONS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Supporting Access to Nurse Exams Act,
the Attorney General, in consultation with the Secretary, shall
establish, and update annually, a public website on the access
to forensic nurse examiners.
‘‘(2) CONTENTS.—The website required under paragraph
(1) shall with specificity describe, by State—
‘‘(A) funding opportunities for SANE training and continuing education; and
‘‘(B) the availability of sexual assault advocates at
locations providing sexual assault forensic exams.
‘‘(3) REPORT TO CONGRESS.—Not later than 4 years after
the date of enactment of the Supporting Access to Nurse Exams
Act, the Attorney General, in consultation with the Secretary,
shall submit to the Committee on the Judiciary of the Senate,
the Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on the Judiciary of the House of
Representatives, and the Committee on Energy and Commerce
of the House of Representatives a report on—
‘‘(A) the availability of, and patient access to, trained
SANEs and other providers who perform MFEs or sexual
assault forensic examinations;
‘‘(B) the health care facilities, including hospitals or
clinics, that offer SANEs and sexual assault forensic
examinations and whether each health care facility,
including a hospital or clinic, has full-time, part-time, or
on-call coverage;
‘‘(C) regional, provider, or other barriers to access for
SANE care and services, including MFEs and sexual
assault forensic examinations;
‘‘(D) State requirements, minimum standards, and
protocols for training SANEs, including trauma-informed
and culturally competent training standards;
‘‘(E) State requirements, minimum standards, and
protocols for training emergency services personnel
involved in MFEs and sexual assault forensic examinations;
‘‘(F) the availability of sexual assault nurse examiner
training, frequency of when training is convened, the providers of such training, the State’s role in such training,
and what process or procedures are in place for continuing
education of such examiners;
‘‘(G) the dedicated Federal and State funding to support
SANE training;
‘‘(H) funding opportunities for SANE training and continuing education;
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‘‘(I) the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams;
and
‘‘(J) the total annual cost of conducting sexual assault
forensic exams described in section 2010(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10449(b)).’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of section 304 of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C.
40723), as redesignated by subsection (d) of this section, is amended
to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $30,000,000 for each of fiscal years 2023 through
2027 to carry out this section.’’.
Time period.
TITLE XIV—CYBERCRIME
ENFORCEMENT
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SEC. 1401. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT
OF CYBERCRIMES.
(a) DEFINITIONS.—In this section:
(1) COMPUTER.—The term ‘‘computer’’ includes a computer
network and an interactive electronic device.
(2) CYBERCRIME AGAINST INDIVIDUALS.—The term
‘‘cybercrime against individuals’’—
(A) means a criminal offense applicable in the area
under the jurisdiction of the relevant State, Indian Tribe,
or unit of local government that involves the use of a
computer to harass, threaten, stalk, extort, coerce, cause
fear to, or intimidate an individual, or without consent
distribute intimate images of an adult, except that use
of a computer need not be an element of such an offense;
and
(B) does not include the use of a computer to cause
harm to a commercial entity, government agency, or nonnatural person.
(3) INDIAN TRIBE; STATE; TRIBAL GOVERNMENT; UNIT OF
LOCAL GOVERNMENT.—The terms ‘‘Indian Tribe’’, ‘‘State’’,
‘‘Tribal government’’, and ‘‘unit of local government’’ have the
meanings given such terms in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), as amended
by this Act.
(b) AUTHORIZATION OF GRANT PROGRAM.—Subject to the availability of appropriations, the Attorney General shall award grants
under this section to States, Indian Tribes, and units of local
government for the prevention, enforcement, and prosecution of
cybercrimes against individuals.
(c) APPLICATION.—
(1) IN GENERAL.—To request a grant under this section,
the chief executive officer of a State, Tribal government, or
unit of local government shall submit an application to the
Attorney General not later than 90 days after the date on
which funds to carry out this section are appropriated for
a fiscal year, in such form as the Attorney General may require.
(2) CONTENTS.—An application submitted under paragraph
(1) shall include the following:
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34 USC 30107.
Deadline.
PUBL103
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Certification.
Deadline.
Public
information.
Public comment.
Data.
Records.
Certification.
Regulations.
Compliance.
Certification.
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(A) A certification that Federal funds made available
under this section will not be used to supplant State,
Tribal, or local funds, but will be used to increase the
amounts of such funds that would, in the absence of Federal
funds, be made available for law enforcement activities.
(B) An assurance that, not later than 30 days before
the application (or any amendment to the application) was
submitted to the Attorney General, the application (or
amendment) was submitted for review to the governing
body of the State, Tribe, or unit of local government (or
to an organization designated by that governing body).
(C) An assurance that, before the application (or any
amendment to the application) was submitted to the
Attorney General—
(i) the application (or amendment) was made
public; and
(ii) an opportunity to comment on the application
(or amendment) was provided to citizens, to neighborhood or community-based organizations, and to victim
service providers, to the extent applicable law or established procedure makes such an opportunity available;
(D) An assurance that, for each fiscal year covered
by an application, the applicant shall maintain and report
such data, records, and information (programmatic and
financial) as the Attorney General may reasonably require.
(E) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer
of the applicant (or by another officer of the applicant,
if qualified under regulations promulgated by the Attorney
General), that—
(i) the programs to be funded by the grant meet
all the requirements of this section;
(ii) all the information contained in the application
is correct;
(iii) there has been appropriate coordination with
affected agencies; and
(iv) the applicant will comply with all provisions
of this section and all other applicable Federal laws.
(F) A certification that the State, Tribe, or in the
case of a unit of local government, the State in which
the unit of local government is located, has in effect
criminal laws which prohibit cybercrimes against individuals.
(G) A certification that any equipment described in
subsection (d)(8) purchased using grant funds awarded
under this section will be used primarily for investigations
and forensic analysis of evidence in matters involving
cybercrimes against individuals.
(d) USE OF FUNDS.—Grants awarded under this section may
be used only for programs that provide—
(1) training for State, Tribal, or local law enforcement
personnel relating to cybercrimes against individuals,
including—
(A) training such personnel to identify and protect
victims of cybercrimes against individuals, provided that
the training is developed in collaboration with victim
service providers;
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(B) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to identify and investigate
cybercrimes against individuals;
(D) training such personnel to enforce and utilize the
laws that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology to
assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes;
and
(F) the payment of overtime incurred as a result of
such training;
(2) training for State, Tribal, or local prosecutors, judges,
and judicial personnel relating to cybercrimes against individuals, including—
(A) training such personnel to identify, investigate,
prosecute, or adjudicate cybercrimes against individuals;
(B) training such personnel to utilize laws that prohibit
cybercrimes against individuals;
(C) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology to
assist in the prosecution or adjudication of acts of
cybercrimes against individuals, including the use of technology to protect victims of such crimes;
(3) training for State, Tribal, or local emergency dispatch
personnel relating to cybercrimes against individuals,
including—
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal, State,
Tribal, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology to
assist in the identification of and response to cybercrimes
against individuals; and
(D) the payment of overtime incurred as a result of
such training;
(4) assistance to State, Tribal, or local law enforcement
agencies in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing enforcement operations, such as overtime payments;
(5) assistance to State, Tribal, or local law enforcement
agencies in educating the public in order to prevent, deter,
and identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State, Tribal, or local law enforcement
agencies to support the placement of victim assistants to serve
as liaisons between victims of cybercrimes against individuals
and personnel of law enforcement agencies;
(7) assistance to State, Tribal, or local law enforcement
agencies to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and prosecutions
in matters involving cybercrimes against individuals;
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136 STAT. 948
(8) assistance to State, Tribal, or local law enforcement
agencies and prosecutors in acquiring computers, computer
equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving
cybercrimes against individuals, including expenses incurred
in the training, maintenance, or acquisition of technical updates
necessary for the use of such equipment for the duration of
a reasonable period of use of such equipment;
(9) assistance in the facilitation and promotion of sharing,
with State, Tribal, and local law enforcement agencies and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional task
forces; or
(10) assistance to State, Tribal, and local law enforcement
and prosecutors in processing interstate extradition requests
for violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender
from one State to another.
(e) REPORTS TO THE ATTORNEY GENERAL.—On the date that
is 1 year after the date on which a State, Indian Tribe, or unit
of local government receives a grant under this section, and
annually thereafter, the chief executive officer of the State, Tribal
government, or unit of local government shall submit to the
Attorney General a report which contains—
(1) a summary of the activities carried out during the
previous year with any grant received under this section by
such State, Indian Tribe, or unit of local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(f) REPORTS TO CONGRESS.—Not later than November 1 of each
even-numbered fiscal year, the Attorney General shall submit to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in the reports
submitted under subsection (e).
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
2023 through 2027.
(2) LIMITATION.—Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent
may be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
Time period.
Summary.
Evaluation.
Time periods.
Time period.
34 USC 30108.
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SEC. 1402. NATIONAL RESOURCE CENTER GRANT.
(a) DEFINITIONS.—In this section:
(1) CYBERCRIME AGAINST INDIVIDUALS.—The term
‘‘cybercrime against individuals’’ has the meaning given such
term in section 1401.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
nonprofit private organization that—
(A) focuses on cybercrimes against individuals;
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136 STAT. 949
(B) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(C) includes on the organization’s advisory board representatives who—
(i) have a documented history of working directly
on issues of cybercrimes against individuals;
(ii) have a history of working directly with victims
of cybercrimes against individuals; and
(iii) are geographically and culturally diverse.
(b) AUTHORIZATION OF GRANT PROGRAM.—Subject to the availability of appropriations, the Attorney General shall award a grant
under this section to an eligible entity for the purpose of the
establishment and maintenance of a National Resource Center on
Cybercrimes Against Individuals to provide resource information,
training, and technical assistance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, enforce, and prosecute cybercrimes against individuals.
(c) APPLICATION.—
(1) IN GENERAL.—To request a grant under this section,
an eligible entity shall submit an application to the Attorney
General not later than 90 days after the date on which funds
to carry out this section are appropriated for fiscal year 2022
in such form as the Attorney General may require.
(2) CONTENTS.—An application submitted under paragraph
(1) shall include the following:
(A) An assurance that, for each fiscal year covered
by the application, the applicant will maintain and report
such data, records, and information (programmatic and
financial) as the Attorney General may reasonably require.
(B) A certification, made in a form acceptable to the
Attorney General, that—
(i) the programs funded by the grant meet all
the requirements of this section;
(ii) all the information contained in the application
is correct; and
(iii) the applicant will comply with all provisions
of this section and all other applicable Federal laws.
(d) USE OF FUNDS.—The eligible entity awarded a grant under
this section shall use such amounts for the establishment and
maintenance of a National Resource Center on Cybercrimes Against
Individuals, which shall—
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other professionals and interested parties related to cybercrimes against
individuals, including programs and research related to victims;
(2) maintain a resource library which shall collect, prepare,
analyze, and disseminate information and statistics related to—
(A) the incidence of cybercrimes against individuals;
(B) the enforcement and prosecution of laws relating
to cybercrimes against individuals; and
(C) the provision of supportive services and resources
for victims, including victims from underserved populations, of cybercrimes against individuals; and
(3) conduct research related to—
(A) the causes of cybercrimes against individuals;
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Compliance.
Establishment.
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(B) the effect of cybercrimes against individuals on
victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes
against individuals or to enforce the laws relating to
cybercrimes against individuals.
(e) DURATION OF GRANT.—
(1) IN GENERAL.—A grant awarded under this section shall
be awarded for a period of 5 years.
(2) RENEWAL.—A grant under this section may be renewed
for additional 5-year periods if the Attorney General determines
that the funds made available to the recipient were used in
a manner described in subsection (d), and if the recipient resubmits an application described in subsection (c) in such form,
and at such time, as the Attorney General may reasonably
require.
(f) SUBGRANTS.—The eligible entity awarded a grant under
this section may make subgrants to other nonprofit private
organizations with relevant subject matter expertise in order to
establish and maintain the National Resource Center on
Cybercrimes Against Individuals in accordance with subsection (d).
(g) REPORTS TO THE ATTORNEY GENERAL.—On the date that
is 1 year after the date on which an eligible entity receives a
grant under this section, and annually thereafter for the duration
of the grant period, the entity shall submit to the Attorney General
a report which contains—
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(h) REPORTS TO CONGRESS.—Not later than November 1 of
each even-numbered fiscal year, the Attorney General shall submit
to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in the reports
submitted under subsection (g).
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $4,000,000 for each
of fiscal years 2023 through 2027.
Time period.
Summary.
Evaluation.
Time periods.
Time period.
34 USC 30109.
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SEC. 1403. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING
ON CYBERCRIME.
(a) DEFINITIONS.—In this section:
(1) COMPUTER.—The term ‘‘computer’’ includes a computer
network and any interactive electronic device.
(2) CYBERCRIME AGAINST INDIVIDUALS.—The term
‘‘cybercrime against individuals’’ has the meaning given the
term in section 1401.
(b) NATIONAL STRATEGY.—The Attorney General shall develop
a national strategy to—
(1) reduce the incidence of cybercrimes against individuals;
(2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies;
(3) increase the number of Federal prosecutions of
cybercrimes against individuals; and
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136 STAT. 951
(4) develop an evaluation process that measures rates of
cybercrime victimization and prosecutorial rates among Tribal
and culturally specific communities.
(c) CLASSIFICATION OF CYBERCRIMES AGAINST INDIVIDUALS FOR
PURPOSES OF CRIME REPORTS.—In accordance with the authority
of the Attorney General under section 534 of title 28, United States
Code, the Director of the Federal Bureau of Investigation shall—
(1) design and create within the Uniform Crime Reports
a category for offenses that constitute cybercrimes against
individuals;
(2) to the extent feasible, within the category established
under paragraph (1), establish subcategories for each type of
cybercrime against individuals that is an offense under Federal
or State law;
(3) classify the category established under paragraph (1)
as a Part I crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against individuals
that is an offense under Federal or State law as a Group
A offense for the purpose of the National Incident-Based
Reporting System.
(d) ANNUAL SUMMARY.—The Attorney General shall publish
an annual summary of the information reported in the Uniform
Crime Reports and the National Incident-Based Reporting System
relating to cybercrimes against individuals, including an evaluation
of the implementation process for the national strategy developed
under subsection (b) and outcome measurements on its impact
on Tribal and culturally specific communities.
TITLE XV—KEEPING CHILDREN SAFE
FROM FAMILY VIOLENCE
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Keeping Children Safe From
Family Violence Act’’ or ‘‘Kayden’s Law’’.
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SEC. 1502. FINDINGS.
Congress finds the following:
(1) Approximately 1 in 15 children is exposed to domestic
violence each year.
(2) Most child abuse is perpetrated in the family and by
a parent. Intimate partner violence and child abuse overlap
in the same families at rates between 30 and 60 percent.
A child’s risk of abuse increases after a perpetrator of intimate
partner violence separates from a domestic partner, even when
the perpetrator has not previously directly abused the child.
Children who have witnessed intimate partner violence are
approximately 4 times more likely to experience direct child
maltreatment than children who have not witnessed intimate
partner violence.
(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child.
Data of the Department of Justice shows that family members
are 49 percent, or almost half, of the perpetrators of crimes
against child sex assault victims younger than 6 years of age.
(4) Research suggests a child’s exposure to a batterer is
among the strongest indicators of risk of incest victimization.
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Evaluation.
Publication.
Evaluation.
Keeping Children
Safe From
Family Violence
Act.
Courts.
34 USC 10101
note.
34 USC 10446
note.
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PUBLIC LAW 117–103—MAR. 15, 2022
One study found that female children with fathers who are
batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not
have abusive fathers.
(5) Child abuse is a major public health issue in the United
States. Total lifetime financial costs associated with just 1
year of confirmed cases of child maltreatment, including child
physical abuse, sexual abuse, psychological abuse, and neglect,
result in $124,000,000,000 in annual costs to the economy
of the United States, or approximately 1 percent of the gross
domestic product of the United States.
(6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those
allegations are raised in child custody cases. Courts believed
less than 1⁄4 of claims that a father has committed child physical
or sexual abuse. With respect to cases in which an allegedly
abusive parent claimed the mother ‘‘alienated’’ the child, courts
believed only 1 out of 51 claims of sexual molestation by a
father. Independent research indicates that child sexual abuse
allegations are credible between 50 and 70 percent of the time.
(7) Empirical research shows that alleged or known abusive
parents are often granted custody or unprotected parenting
time by courts. Approximately 1⁄3 of parents alleged to have
committed child abuse took primary custody from the protective
parent reporting the abuse, placing children at ongoing risk.
(8) Researchers have documented nearly 800 child murders
in the United States since 2008 committed by a divorcing
or separating parent. More than 100 of these child murders
are known to have occurred after a court ordered the child
to have contact with the dangerous parent over the objection
of a safe parent or caregiver.
(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers
are frequently applied in family court to minimize or deny
reports of abuse of parents and children. Many experts who
testify against abuse allegations lack expertise in the relevant
type of alleged abuse, relying instead on unsound and unproven
theories.
(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence
are rarely required to receive training on these subjects, and
most States have not established standards for such training.
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SEC. 1503. PURPOSES.
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The purposes of this title are to—
(1) increase the priority given to child safety in any State
court divorce, separation, visitation, paternity, child support,
civil protection order, or family custody court proceeding
affecting the custody and care of children, excluding child
protective, abuse, or neglect proceedings and juvenile justice
proceedings;
(2) strengthen the abilities of courts to—
(A) recognize and adjudicate domestic violence and
child abuse allegations based on valid, admissible evidence;
and
(B) enter orders that protect and minimize the risk
of harm to children; and
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(3) ensure that professional personnel involved in cases
containing domestic violence or child abuse allegations receive
trauma-informed and culturally appropriate training on the
dynamics, signs, and impact of domestic violence and child
abuse, including child sexual abuse.
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SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.
Section 2007 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10446) is amended by adding
at the end the following:
‘‘(k) GRANT INCREASES FOR STATES WITH CERTAIN CHILD CUSTODY PROCEEDING LAWS AND STANDARDS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CHILD CUSTODY PROCEEDING.—The term ‘child custody proceeding’—
‘‘(i) means a private family court proceeding in
State or local court that, with respect to a child,
involves the care or custody of the child in a private
divorce, separation, visitation, paternity, child support,
legal or physical custody, or civil protection order proceeding between the parents of the child; and
‘‘(ii) does not include—
‘‘(I) any child protective, abuse, or neglect proceeding;
‘‘(II) a juvenile justice proceeding; or
‘‘(III) any child placement proceeding in which
a State, local, or Tribal government, a designee
of such a government, or any contracted child welfare agency or child protective services agency of
such a government is a party to the proceeding.
‘‘(B) ELIGIBLE STATE.—The term ‘eligible State’ means
a State that—
‘‘(i) receives a grant under subsection (a); and
‘‘(ii) has in effect—
‘‘(I) each law described in paragraph (3);
‘‘(II) the standards described in paragraph (4);
and
‘‘(III) the training program described in paragraph (5).
‘‘(C) REUNIFICATION TREATMENT.—The term ‘reunification treatment’ means a treatment or therapy aimed at
reuniting or reestablishing a relationship between a child
and an estranged or rejected parent or other family member
of the child.
‘‘(2) INCREASE.—
‘‘(A) IN GENERAL.—The Attorney General shall increase
the amount of a grant awarded under subsection (a) to
an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent
of the average of the total amount of funding provided
to the State under subsection (a) under the 3 most recent
awards to the State.
‘‘(B) TERM OF INCREASE.—An increase of a grant under
subparagraph (A) shall be for 1 fiscal year.
‘‘(C) RENEWAL.—An eligible State that receives an
increase under subparagraph (A) may submit an application for renewal of the increase at such time, in such
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136 STAT. 954
manner, and containing such information as the Attorney
General may reasonably require.
‘‘(D) LIMIT.—An eligible State may not receive an
increase under subparagraph (A) for more than 4 fiscal
years.
‘‘(3) LAWS.—The laws described in this paragraph are the
following:
‘‘(A) A law that ensures that, with respect to a child
custody proceeding in which a parent has been alleged
to have committed domestic violence or child abuse,
including child sexual abuse—
‘‘(i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may
be admitted only if the professional possesses demonstrated expertise and clinical experience in working
with victims of domestic violence or child abuse,
including child sexual abuse, that is not solely of a
forensic nature; and
‘‘(ii) in making a finding regarding any allegation
of domestic violence or child abuse, including child
sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical
abuse committed by the accused parent shall be considered, including—
‘‘(I) any past or current protection or
restraining orders against the accused parent;
‘‘(II) sexual violence abuse protection orders
against the accused parent;
‘‘(III) arrests of the accused parent for
domestic violence, sexual violence, or child abuse;
or
‘‘(IV) convictions of the accused parent for
domestic violence, sexual violence, or child abuse.
‘‘(B) A law that ensures that, during a child custody
proceeding—
‘‘(i) a court may not, solely in order to improve
a deficient relationship with the other parent of a
child, remove the child from a parent or litigating
party—
‘‘(I) who is competent, protective, and not physically or sexually abusive; and
‘‘(II) with whom the child is bonded or to whom
the child is attached;
‘‘(ii) a court may not, solely in order to improve
a deficient relationship with the other parent of a
child, restrict contact between the child and a parent
or litigating party—
‘‘(I) who is competent, protective, and not physically or sexually abusive; and
‘‘(II) with whom the child is bonded or to whom
the child is attached;
‘‘(iii) a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment;
‘‘(iv) a court may not order a reunification treatment that is predicated on cutting off a child from
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 955
a parent with whom the child is bonded or to whom
the child is attached; and
‘‘(v) any order to remediate the resistance of a
child to have contact with a violent or abusive parent
primarily addresses the behavior of that parent or
the contributions of that parent to the resistance of
the child before ordering the other parent of the child
to take steps to potentially improve the relationship
of the child with the parent with whom the child
resists contact.
‘‘(C) A law that requires judges and magistrates who
hear child custody proceedings and other relevant court
personnel involved in child custody proceedings, including
guardians ad litem, best interest attorneys, counsel for
children, custody evaluators, masters, and mediators to
complete, with respect to the training program described
in paragraph (5)—
‘‘(i) not less than 20 hours of initial training; and
‘‘(ii) not less than 15 hours of ongoing training
every 5 years.
‘‘(4) UNIFORM REQUIRED STANDARDS.—The standards
described in this paragraph are uniform required standards
that—
‘‘(A) apply to any neutral professional appointed by
a court during a child custody proceeding to express an
opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and
‘‘(B) require that a professional described in subparagraph (A) possess demonstrated expertise and clinical
experience in working with victims of domestic violence
or child abuse, including child sexual abuse, that is not
solely of a forensic nature.
‘‘(5) TRAINING AND EDUCATION PROGRAM.—The training program described in this paragraph is an ongoing training and
education program that—
‘‘(A) focuses solely on domestic and sexual violence
and child abuse, including—
‘‘(i) child sexual abuse;
‘‘(ii) physical abuse;
‘‘(iii) emotional abuse;
‘‘(iv) coercive control;
‘‘(v) implicit and explicit bias, including biases
relating to parents with disabilities;
‘‘(vi) trauma;
‘‘(vii) long- and short-term impacts of domestic
violence and child abuse on children; and
‘‘(viii) victim and perpetrator behavior patterns
and relationship dynamics within the cycle of violence;
‘‘(B) is provided by—
‘‘(i) a professional with substantial experience in
assisting survivors of domestic violence or child abuse,
including a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291)); and
‘‘(ii) if possible, a survivor of domestic violence
or child physical or sexual abuse;
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Applicability.
Requirement.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(C) relies on evidence-based and peer-reviewed
research by recognized experts in the types of abuse
described in subparagraph (A);
‘‘(D) does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and
‘‘(E) is designed to improve the ability of courts to—
‘‘(i) recognize and respond to child physical abuse,
child sexual abuse, domestic violence, and trauma in
all family victims, particularly children; and
‘‘(ii) make appropriate custody decisions that—
‘‘(I) prioritize child safety and well-being; and
‘‘(II) are culturally sensitive and appropriate
for diverse communities.
‘‘(6) APPLICATION.—
‘‘(A) IN GENERAL.—An eligible State desiring a grant
increase under this subsection shall submit an application
to the Attorney General at such time, in such manner,
and containing such information as the Attorney General
may reasonably require.
‘‘(B) CONTENTS.—An application submitted by an
eligible State under subparagraph (A) shall include
information relating to—
‘‘(i) the laws described paragraph (3);
‘‘(ii) the standards described in paragraph (4); and
‘‘(iii) the training program described in paragraph
(5).
‘‘(7) USE OF FUNDS.—An eligible State that receives a grant
increase under paragraph (2)(A) shall use the total amount
of the increase for the purposes described in subparagraph
(C) or (D) of subsection (c)(4).
‘‘(8) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2023 through 2027.’’.
Time period.
SEC. 1505. SEXUAL ASSAULT SURVIVORS’ RIGHTS.
Section 3772(a)(2) of title 18, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) be informed of the status and location of a sexual
assault evidence collection kit.’’.
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SEC. 1506. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT
PROTECTION ORDER PILOT PROGRAMS.
34 USC
10463–10465.
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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:
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136 STAT. 957
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‘‘SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT
PROTECTION ORDER PILOT PROGRAMS.
34 USC 10462a.
‘‘(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’s office;
‘‘(3) a victim service provider or State or Tribal domestic
violence coalition;
‘‘(4) a provider of culturally specific services;
‘‘(5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal
advice to victims of domestic violence and sexual assault;
‘‘(6) the bar association of the applicable State or Indian
Tribe;
‘‘(7) the State or Tribal association of court clerks;
‘‘(8) a State, Tribal, or local association of criminal defense
attorneys;
‘‘(9) not fewer than 2 individuals with expertise in the
design and management of court case management systems
and systems of integration;
‘‘(10) not fewer than 2 State or Tribal court judges with
experience in—
‘‘(A) the field of domestic violence; and
‘‘(B) issuing protective orders; and
‘‘(11) a judge assigned to the criminal docket of the State
or Tribal court.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—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 of the eligible entity described in 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
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136 STAT. 958
Deadline.
Time period.
Time period.
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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 the date on which the
eligible entity receives the grant; and
‘‘(B) carry out the program required under paragraph
(1)(A) 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, to the extent practicable—
‘‘(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 primarily serves a culturally specific and
underserved population.
‘‘(e) APPLICATION.—
‘‘(1) IN GENERAL.—An eligible entity desiring a grant under
this section shall submit to the Attorney General an application
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
of the eligible entity described in 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) REPORT TO ATTORNEY GENERAL.—
‘‘(1) INITIAL REPORT.—Not later than 2 years after the
date on which an eligible entity receives a grant under this
section, the eligible entity shall submit to the Attorney General
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a report that details the plan of the eligible entity for
implementation of the program under subsection (c).
‘‘(2) SUBSEQUENT REPORTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date on which an eligible entity implements a program
under subsection (c), and not later than 2 years thereafter,
the eligible entity shall submit to the Attorney General
a report that describes the program, including, with respect
to the program—
‘‘(i) the viability;
‘‘(ii) the cost;
‘‘(iii) service statistics;
‘‘(iv) the challenges;
‘‘(v) an analysis of the technology used to fulfill
the goals of the program;
‘‘(vi) an 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.
‘‘(g) NO REGULATIONS OR GUIDELINES REQUIRED.—Notwithstanding section 2105, the Attorney General shall not be required
to publish regulations or guidelines implementing this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for fiscal
years 2023 through 2027.’’.
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Costs.
Analysis.
Analysis.
Recommendations.
Time period.
SEC. 1507. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
20 USC 11611–6.
(a) IN GENERAL.—The Secretary of Education, in consultation
with the Attorney General, the Director of the Centers for Disease
Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, shall develop, design,
and make available through a secure and accessible online portal,
a standardized online survey tool regarding postsecondary student
experiences with domestic violence, dating violence, sexual assault,
sexual harassment, and stalking.
(b) DEVELOPMENT OF SURVEY TOOL.—In developing the survey
tool required under subsection (a), the Secretary of Education
shall—
(1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual
harassment, and stalking;
(2) consult with the higher education community, experts
in survey research related to domestic violence, dating violence,
sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and
advocacy on behalf of victims of, domestic violence, dating
Consultation.
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Consultation.
PUBL103
136 STAT. 960
violence, sexual assault, sexual harassment, and stalking,
including victims from culturally specific populations and victims with disabilities, regarding the development and design
of such survey tool and the methodology for administration
of such survey tool; and
(3) ensure that the survey tool is readily accessible to
and usable by individuals with disabilities.
(c) ELEMENTS.—
(1) IN GENERAL.—The survey tool developed pursuant to
this section shall be fair and unbiased, be scientifically valid
and reliable, meet the highest standards of survey research,
and notify the participant that anonymized results of the survey
may be published.
(2) SURVEY QUESTIONS.—Survey questions included in the
survey tool developed pursuant to this section shall—
(A) be designed to gather information on student
experiences with domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, including the
experiences of victims of such incidents;
(B) use trauma-informed language to prevent retraumatization; and
(C) include—
(i) questions that give students the option to report
their demographic information;
(ii) questions designed to determine the incidence
and prevalence of domestic violence, dating violence,
sexual assault, sexual harassment, and stalking;
(iii) questions regarding whether students know
about institutional policies and procedures related to
domestic violence, dating violence, sexual assault,
sexual harassment, and stalking;
(iv) questions designed to determine, if victims
reported domestic violence, dating violence, sexual
assault, sexual harassment, or stalking—
(I) to whom the incident was reported and
what response the victim may have received;
(II) whether the victim was informed of, or
referred to, national, State, local, Tribal, or oncampus resources; and
(III) whether the entity to whom the victim
reported the incident conducted an investigation
and the duration and final resolution of such an
investigation;
(v) questions regarding contextual factors, such
as whether force, incapacitation, or coercion was
involved;
(vi) questions to determine whether an accused
individual was a student at the institution;
(vii) questions to determine whether a victim
reported an incident to Federal, State, local, Tribal,
or campus law enforcement;
(viii) questions to determine why the victim chose
to report or not report an incident to the institution
or State, local, or campus law enforcement;
(ix) questions to determine the impact of domestic
violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, including
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 961
diminished grades, dropped classes, leaves of absence,
and negative financial consequences (such as costs
associated with loss in paid tuition due to leaves of
absence, loss in scholarship awards due to diminished
grades, loss of foreign-student visas, and costs associated with counseling, medical services, or housing
changes);
(x) questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;
(xi) questions to determine attitudes toward sexual
violence and harassment, including the willingness of
individuals to intervene as a bystander to sex-based
(including against lesbian, gay, bisexual, or
transgender (commonly referred to as ‘‘LGBT’’) individuals), race-based, national origin-based, and disabilitybased discrimination, harassment, assault, domestic
violence, dating violence, sexual assault, sexual harassment, and stalking; and
(xii) other questions, as determined by the Secretary of Education.
(3) ADDITIONAL ELEMENTS.—In addition to the standardized
questions developed by the Secretary of Education under paragraph (2), subject to the review and approval of the Secretary
of Education, an institution of higher education may request
additional information from students that would increase the
understanding of the institution of school climate factors unique
to the campuses affiliated with the institution.
(4) RESPONSES.—The responses to the survey questions
described in paragraph (2) shall—
(A) be submitted confidentially;
(B) not be included in crime statistics; and
(C) in the case of such responses being included in
a report, not include personally identifiable information.
(d) ADMINISTRATION OF SURVEY.—
(1) FEDERAL ADMINISTRATION.—The Secretary of Education,
in consultation with the Attorney General, the Director of the
Centers for Disease Control and Prevention, and the Secretary
of Health and Human Services, shall develop a mechanism
by which institutions of higher education may, with respect
to the survey tool developed pursuant to this section—
(A) administer such survey tool; and
(B) modify such survey tool to include additional elements or requirements, as determined by the institution,
subject to the review and approval of the Secretary of
Education.
(2) COSTS.—The Secretary of Education may not require
an institution of higher education to pay to modify the survey
tool in accordance with paragraph (1)(B).
(3) ACCESSIBILITY.—The Secretary of Education shall
ensure that the survey tool is administered in such a way
as to be readily accessible to and usable by individuals with
disabilities.
(4) INSTITUTIONAL ADMINISTRATION.—Beginning not later
than 1 year after the date on which the Secretary of Education
makes available to institutions the mechanism described in
paragraph (1), and every 2 years thereafter, each institution
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Review.
Approval.
Confidentiality.
Consultation.
Review.
Approval.
Deadline.
Time period.
PUBL103
136 STAT. 962
PUBLIC LAW 117–103—MAR. 15, 2022
of higher education that receives Federal educational assistance
shall administer the survey tool developed pursuant to this
section.
(e) COMPLETED SURVEYS.—The Secretary of Education shall
require each institution of higher education that administers the
survey tool developed pursuant to this section to ensure, to the
maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary)
enrolled at the institution complete the survey tool developed pursuant to this section.
(f) REPORT.—
(1) IN GENERAL.—Beginning not later than 2 years after
the date of enactment of this Act, the Secretary of Education
shall—
(A) prepare a biennial report on the information gained
from the standardized elements of the survey under this
section and publish such report in an accessible format
on the website of the Department of Education, including
as part of any online consumer tool offered or supported
by the Department of Education that provides information
to students regarding specific postsecondary educational
institutions, such as the College Scorecard or any successor
or similar tool; and
(B) submit such report to Congress.
(2) INCLUSIONS AND EXCLUSIONS.—The report required to
be prepared under paragraph (1)—
(A) shall include campus-level data for each institution
and attributed by name of each campus in a manner that
permits comparisons across institutions and campuses; and
(B) shall not publish any individual survey responses.
(g) PUBLICATION.—Each institution of higher education shall
publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities—
(1) the campus-level results of the standardized elements
of the survey under this section on the website of the institution
and in the biennial report required under subsection (f) for
the campuses affiliated with the institution; and
(2) the campus-level results of the additional elements
modifying the survey by the institution, if any, on the website
of the institution.
Requirement.
Web posting.
Data.
Web posting.
SEC. 1508. STUDY ON CHILD CUSTODY IN DOMESTIC VIOLENCE CASES.
Consultation.
Review.
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The Attorney General, in consultation with the Secretary of
Health and Human Services, shall conduct a study that shall—
(1) provide a review of State laws, regulations, and practices on how child neglect and custody situations are handled
in domestic violence situations; and
(2) include a list of recommendations on how to restructure
State laws, regulations, and practices to better protect victims
of domestic violence and their children.
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136 STAT. 963
DIVISION X—INTELLIGENCE
AUTHORIZATION FOR FISCAL YEAR 2022
Intelligence
Authorization
Act for Fiscal
Year 2022.
SEC. 1. SHORT TITLE.
This division may be cited as the ‘‘Intelligence Authorization
Act for Fiscal Year 2022’’.
SEC. 2. DEFINITIONS.
In this division:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means—
(A) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(B) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations
of the Senate.
(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
50 USC 3003
note.
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in
the House section of the Congressional Record by the Chairman
of the Permanent Select Committee on Intelligence of the House
of Representatives and in the Senate section of the Congressional
Record by the Chairman of the Select Committee on Intelligence
of the Senate, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory
statement of a committee of conference.
TITLE I—INTELLIGENCE ACTIVITIES
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SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2022 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
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136 STAT. 964
PUBLIC LAW 117–103—MAR. 15, 2022
(17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS.—The amounts authorized to
be appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (17)
of section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—
(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available
to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and
to the President.
(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph
(3), the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any
portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal year
2022 the sum of $587,100,000.
(b) CLASSIFIED AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2022 such additional amounts
as are specified in the classified Schedule of Authorizations referred
to in section 102(a).
TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
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SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for
fiscal year 2022.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 965
TITLE III—GENERAL INTELLIGENCE
COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits authorized by law.
SEC. 303. PROHIBITION ON COLLECTION AND MAINTENANCE OF
INFORMATION OF UNITED STATES PERSONS BY INTELLIGENCE COMMUNITY BASED ON FIRST AMENDMENT-PROTECTED ACTIVITIES.
Title I of the National Security Act of 1947 (50 U.S.C. 3021
et seq.) is amended by inserting after section 105B the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
‘‘SEC. 105C. PROHIBITION ON COLLECTION AND MAINTENANCE OF
INFORMATION OF UNITED STATES PERSONS BASED ON
FIRST AMENDMENT-PROTECTED ACTIVITIES.
50 USC 3040a.
‘‘No element of the intelligence community may collect or maintain information concerning a United States person (as defined
in section 105A) solely for the purpose of monitoring an activity
protected by the first amendment to the Constitution of the United
States.’’.
SEC. 304. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN ACTIVITIES RELATING TO
INTELLIGENCE COMMUNITY WORKFORCE.
Title X of the National Security Act of 1947 (50 U.S.C. 3191
et seq.) is amended by inserting after section 1024 the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
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‘‘SEC. 1025. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN WORKFORCE ACTIVITIES.
‘‘(a) AUTHORIZATION.—The Director may, with or without
reimbursement, obligate or expend amounts authorized to be appropriated or otherwise made available for the Office of the Director
of National Intelligence for covered workforce activities for the
purpose of supporting a covered workforce activity of an element
of the intelligence community.
‘‘(b) NOTIFICATION.—Not later than 30 days after the date on
which the Director exercises the authority in subsection (a), the
Director shall submit to the congressional intelligence committees
and the Committees on Appropriations of the House of Representatives and the Senate written notification of such exercise.
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50 USC 3224a.
Deadline.
PUBL103
136 STAT. 966
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(c) COVERED WORKFORCE ACTIVITY DEFINED.—In this section,
the term ‘covered workforce activity’ means an activity relating
to—
‘‘(1) recruitment or retention of the intelligence community
workforce; or
‘‘(2) diversity, equality, inclusion, or accessibility, with
respect to such workforce.’’.
SEC. 305. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES TO BE USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)) is amended—
(1) in paragraph (1), by striking ‘‘$5,000,000’’ and inserting
‘‘$6,000,000’’; and
(2) in paragraph (2), by striking ‘‘$5,000,000’’ and inserting
‘‘$6,000,000’’.
SEC. 306. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED
CANINES ASSOCIATED WITH FORCE PROTECTION DUTIES
OF INTELLIGENCE COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is amended
by inserting ‘‘, or transportation of federally owned canines associated with force protection duties of any part of the intelligence
community (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003))’’ after ‘‘duties’’.
SEC.
Public
information.
307.
PUBLICATION OF UNCLASSIFIED APPENDICES FROM
REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION
IN VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3316a(c)) is amended by adding at the end
the following:
‘‘(4) PUBLICATION.—The Director of National Intelligence
shall make available to the public each unclassified appendix
submitted with a report under paragraph (1) pursuant to paragraph (2).’’.
SEC. 308. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY
FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) MODIFICATIONS TO REQUIREMENT.—
(1) IN GENERAL.—Section 304 of the National Security Act
of 1947 (50 U.S.C. 3073a) is amended to read as follows:
‘‘SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES
BY FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
‘‘(a) TEMPORARY RESTRICTION.—
‘‘(1) COVERED POST-SERVICE POSITION.—Except as provided
by paragraph (2), an employee of an element of the intelligence
community who occupies a covered intelligence position may
not occupy a covered post-service position during the 30-month
period following the date on which the employee ceases to
occupy a covered intelligence position.
‘‘(2) WAIVER.—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 967
‘‘(A) AUTHORITY.—On a case-by-case basis, the Director
of National Intelligence may temporarily waive the restriction in paragraph (1) with respect to an employee or former
employee who is subject to that restriction if—
‘‘(i) the employee or former employee submits to
the Director a written application for such waiver in
such form and manner as the Director determines
appropriate; and
‘‘(ii) the Director determines that such waiver is
necessary to advance the national security interests
of the United States.
‘‘(B) PERIOD OF WAIVER.—A waiver issued under
subparagraph (A) shall apply for a period not exceeding
5 years. The Director may renew such a waiver.
‘‘(C) REVOCATION.—The Director may revoke a waiver
issued under subparagraph (A) to an employee or former
employee, effective on the date that is 60 days after the
date on which the Director provides the employee or former
employee written notice of such revocation.
‘‘(D) TOLLING.—The 30-month restriction in paragraph
(1) shall be tolled for an employee or former employee
during the period beginning on the date on which a waiver
is issued under subparagraph (A) and ending on the date
on which the waiver expires or on the effective date of
a revocation under subparagraph (C), as the case may
be.
‘‘(E) NOTIFICATION.—Not later than 30 days after the
date on which the Director issues a waiver under subparagraph (A) or a revocation of a waiver under subparagraph
(C), the Director shall submit to the congressional intelligence committees written notification of the waiver or
revocation, as the case may be. Such notification shall
include the following:
‘‘(i) With respect to a waiver issued to an employee
or former employee—
‘‘(I) the details of the application, including
the covered intelligence position held or formerly
held by the employee or former employee;
‘‘(II) the nature of the activities of the
employee or former employee after ceasing to
occupy a covered intelligence position;
‘‘(III) a description of the national security
interests that will be advanced by reason of issuing
such waiver; and
‘‘(IV) the specific reasons why the Director
determines that issuing such waiver will advance
such interests.
‘‘(ii) With respect to a revocation of a waiver issued
to an employee or former employee—
‘‘(I) the details of the waiver, including any
renewals of such waiver, and the dates of such
waiver and renewals; and
‘‘(II) the specific reasons why the Director
determined that such revocation is warranted.
‘‘(b) COVERED POST-SERVICE EMPLOYMENT REPORTING.—
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Application.
Determination.
Applicability.
Effective date.
Notification.
Time periods.
Deadline.
PUBL103
136 STAT. 968
‘‘(1) REQUIREMENT.—During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—
‘‘(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence position upon accepting such covered post-service employment;
and
‘‘(B) annually (or more frequently if the head of such
element considers it appropriate) report covered postservice employment to the head of such element.
‘‘(2) PERIOD DESCRIBED.—The period described in this paragraph is the period beginning on the date on which an employee
ceases to occupy a covered intelligence position and ending
on the date that is—
‘‘(A) 5 years after the employee ceases to occupy such
position, plus
‘‘(B) the number of months for which the employee
is issued a waiver under subsection (a)(2).
‘‘(3) REGULATIONS.—The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying
a covered intelligence position to sign a written agreement
requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).
‘‘(c) PENALTIES.—
‘‘(1) CRIMINAL PENALTIES.—A former employee who knowingly and willfully violates subsection (a) or who knowingly
and willfully fails to make a required report under subsection
(b) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. Each report under
subsection (b) shall be subject to section 1001 of title 18, United
States Code.
‘‘(2) SECURITY CLEARANCES.—The head of an element of
the intelligence community shall revoke the security clearance
of a former employee if the former employee knowingly and
willfully fails to make a required report under subsection (b)
or knowingly and willfully makes a false report under such
subsection.
‘‘(d) PROVISION OF INFORMATION.—
‘‘(1) TRAINING.—The head of each element of the intelligence community shall regularly provide training on the
reporting requirements under subsection (b) to employees of
that element who occupy a covered intelligence position.
‘‘(2) WRITTEN NOTICE.—The head of each element of the
intelligence community shall provide written notice of the
reporting requirements under subsection (b) to an employee
when the employee ceases to occupy a covered intelligence
position.
‘‘(e) ANNUAL REPORTS.—
‘‘(1) REQUIREMENT.—Not later than March 31 of each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees a report on covered postservice employment occurring during the year covered by the
report.
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall
include the following:
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 969
‘‘(A) The number of former employees who occupy a
covered post-service position, broken down by—
‘‘(i) the name of the employer;
‘‘(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom
the covered post-service employment is being performed; and
‘‘(iii) the nature of the services provided as part
of the covered post-service employment.
‘‘(B) A certification by the Director that—
‘‘(i) each element of the intelligence community
maintains adequate systems and processes for ensuring
that former employees are submitting reports required
under subsection (b);
‘‘(ii) to the knowledge of the heads of the elements
of the intelligence community, all former employees
who occupy a covered post-service position are in
compliance with this section;
‘‘(iii) the services provided by former employees
who occupy a covered post-service position do not—
‘‘(I) pose a current or future threat to the
national security of the United States; or
‘‘(II) pose a counterintelligence risk; and
‘‘(iv) the Director and the heads of such elements
are not aware of any credible information or reporting
that any former employee who occupies a covered postservice position has engaged in activities that violate
Federal law, infringe upon the privacy rights of United
States persons, or constitute abuses of human rights.
‘‘(3) FORM.—Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
‘‘(f) NOTIFICATION.—In addition to the annual reports under
subsection (e), if a head of an element of the intelligence community
determines that the services provided by a former employee who
occupies a covered post-service position pose a threat or risk
described in clause (iii) of paragraph (2)(B) of such subsection,
or include activities described in clause (iv) of such paragraph,
the head shall notify the congressional intelligence committees of
such determination by not later than 7 days after making such
determination. The notification shall include the following:
‘‘(1) The name of the former employee.
‘‘(2) The name of the employer.
‘‘(3) The foreign government, including the specific foreign
individual, agency, or entity, for whom the covered post-service
employment is being performed.
‘‘(4) As applicable, a description of—
‘‘(A) the risk to national security, the counterintelligence risk, or both; and
‘‘(B) the activities that may violate Federal law,
infringe upon the privacy rights of United States persons,
or constitute abuses of human rights.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COVERED INTELLIGENCE POSITION.—The term ‘covered
intelligence position’ means a position within an element of
the intelligence community that, based on the level of access
of a person occupying such position to information regarding
sensitive intelligence sources or methods or other exceptionally
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Certification.
Determination.
Deadline.
PUBL103
136 STAT. 970
50 USC 3073a
note.
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50 USC 3073a
note.
Assessment.
Recommendations.
50 USC 3073a
note.
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sensitive matters, the head of such element determines should
be subject to the requirements of this section.
‘‘(2) COVERED POST-SERVICE EMPLOYMENT.—The term ‘covered post-service employment’ means direct or indirect employment by, representation of, or any provision of advice or services
relating to national security, intelligence, the military, or
internal security to, the government of a foreign country or
any company, entity, or other person whose activities are
directly or indirectly supervised, directed, controlled, financed,
or subsidized, in whole or in major part, by any government
of a foreign country.
‘‘(3) COVERED POST-SERVICE POSITION.—The term ‘covered
post-service position’ means a position of employment described
in paragraph (2).
‘‘(4) EMPLOYEE.—The term ‘employee’, with respect to an
employee occupying a covered intelligence position, includes
an officer or official of an element of the intelligence community,
a contractor of such an element, a detailee to such an element,
or a member of the Armed Forces assigned to such an element.
‘‘(5) FORMER EMPLOYEE.—The term ‘former employee’
means an individual—
‘‘(A) who was an employee occupying a covered intelligence position; and
‘‘(B) who is subject to the requirements under subsection (a) or (b).
‘‘(6) GOVERNMENT OF A FOREIGN COUNTRY.—The term
‘government of a foreign country’ has the meaning given the
term in section 1(e) of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611(e)).’’.
(2) APPLICATION.—Such section 304, as amended by paragraph (1), shall apply with respect to employees who occupy
covered intelligence positions (as defined in such section) on
or after the date of the enactment of this Act.
(3) REVISED REGULATIONS.—
(A) SUBMISSION.—Not later than 90 days after the
date of the enactment of this Act, the head of each element
of the intelligence community shall submit to the congressional intelligence committees new or updated regulations
issued under such section 304, as amended by paragraph
(1).
(B) CERTIFICATION.—Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees—
(i) a written certification for each head of an element of the intelligence community who has issued
the updated regulations under such section 304, as
amended by paragraph (1); and
(ii) for each head of an element of the intelligence
community who has not issued such updated regulations, an explanation for the failure to issue such
updated regulations.
(4) INITIAL REPORT.—In the first report submitted by the
Director of National Intelligence under subsection (e) of such
section 304, as amended by paragraph (1), the Director shall
include an assessment of the licensing requirements under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 971
recommendations with respect to strengthening the activities
regulated under such section 304.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such Act is amended by striking the item relating to section
304 and inserting the following new item:
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‘‘Sec. 304. Requirements for certain employment activities by former intelligence officers and employees.’’.
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SEC. 309. DEVELOPMENT OF DEFINITIONS FOR CERTAIN TERMS
RELATING TO INTELLIGENCE.
50 USC 3316c.
(a) DEVELOPMENT.—Not later than September 30, 2023, the
Director of National Intelligence and the Under Secretary of Defense
for Intelligence and Security, in consultation with the heads of
the elements of the intelligence community, shall jointly develop
and publish definitions for the following terms:
(1) Acoustic intelligence.
(2) All-source intelligence.
(3) Communications intelligence.
(4) Critical intelligence.
(5) Cyber-threat intelligence.
(6) Electronic intelligence.
(7) Explosive ordnance intelligence.
(8) General military intelligence.
(9) Imagery intelligence.
(10) Geospatial intelligence.
(11) Instrumentation signals intelligence.
(12) Intelligence-related activity.
(13) Joint intelligence.
(14) Measurement and signature intelligence.
(15) Medical intelligence.
(16) Open-source intelligence.
(17) Operational intelligence.
(18) Scientific and technical intelligence.
(19) Signals intelligence.
(20) Strategic intelligence.
(21) Tactical intelligence.
(22) Target intelligence.
(23) Technical intelligence.
(24) Such others terms as may be jointly determined necessary by the Director of National Intelligence and the Under
Secretary of Defense for Intelligence and Security.
(b) APPLICATION TO ACTIVITIES OF INTELLIGENCE COMMUNITY.—
The Director of National Intelligence shall ensure that the definitions developed under subsection (a) are used uniformly across
activities of the intelligence community with respect to the corresponding terms specified in such subsection.
(c) NOTICE OF MODIFICATIONS.—The Director of National Intelligence and the Under Secretary of Defense for Intelligence shall
submit to the appropriate congressional committees notification
of any modification by the Director and Under Secretary to a
definition of a term specified in subsection (a) following the initial
publication of the definition under such subsection.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
Deadline.
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Publication.
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136 STAT. 972
PUBLIC LAW 117–103—MAR. 15, 2022
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
50 USC 3161
note.
SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION
REVIEW OF INFORMATION RELATING TO TERRORIST
ATTACKS OF SEPTEMBER 11, 2001.
Deadlines.
Coordination.
Determination.
(a) DECLASSIFICATION REVIEW REQUIRED.—Not later than 30
days after the date of the enactment of this Act, the Director
of National Intelligence shall, in coordination with the Director
of the Federal Bureau of Investigation, the Director of the Central
Intelligence Agency, and the heads of such other elements of the
intelligence community as the Director of National Intelligence
considers appropriate, commence a declassification review (which
the Director of National Intelligence shall complete by not later
than 120 days after the date of the enactment of this Act) to
determine what, if any, additional information relating to the terrorist attacks of September 11, 2001, can be appropriately declassified and shared with the public.
(b) INFORMATION COVERED.—The information reviewed under
subsection (a) shall include the following:
(1) Information relating to the direction, facilitation, and
other support provided to the individuals who carried out the
terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the
PENTTBOM investigation of the Federal Bureau of Investigation.
(c) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on
the findings of the Director with respect to the declassification
review conducted under subsection (a).
50 USC 3341
note.
SEC. 311. PERFORMANCE MEASURES REGARDING TIMELINESS FOR
PERSONNEL MOBILITY.
Deadline.
(a) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall issue a policy for measuring the total time it takes to transfer
personnel with security clearances and eligibility for access to
information commonly referred to as ‘‘sensitive compartmented
information’’ from one element of the intelligence community to
another, or from one contract to another in the case of a contractor.
(b) REQUIREMENTS.—The policy issued under subsection (a)
shall—
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and access
to sensitive compartmented information;
(2) cover the period from the first time an element of
the intelligence community or company submits a request to
an element of the intelligence community for the transfer of
the employment of an individual with a clearance access or
eligibility determination to another element of the intelligence
community, to the time the individual is authorized by that
receiving element to start to work in the new position; and
(3) include analysis of all appropriate phases of the process,
including polygraph, suitability determination, fitness determination, human resources review, transfer of the sensitive
compartmented information access, and contract actions.
(c) UPDATED POLICIES.—
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Deadlines.
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136 STAT. 973
(1) MODIFICATIONS.—Not later than 1 year after the date
on which the Director issues the policy under subsection (a),
the Director shall issue modifications to such policies as the
Director determines were issued before the issuance of the
policy under such subsection and are relevant to such updated
policy, as the Director considers appropriate.
(2) RECOMMENDATIONS.—Not later than 1 year after the
date on which the Director issues the policy under subsection
(a), the Director shall submit to the appropriate congressional
committees recommendations for legislative action to update
metrics specified elsewhere in statute to measure parts of the
process that support transfers described in subsection (a).
(d) ANNUAL REPORTS.—Not later than 180 days after issuing
the policy required by subsection (a) and not less frequently than
once each year thereafter until the date that is 3 years after
the date of such issuance, the Director shall submit to the appropriate congressional committees a report on the implementation
of such policy. Such report shall address performance by department
or agency and by clearance type in meeting such policy.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies of the Committees on Appropriations of the
House of Representatives and the Senate.
Determination.
Time period.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of
National Intelligence
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SEC. 401. NATIONAL COUNTERPROLIFERATION AND BIOSECURITY
CENTER.
(a) REDESIGNATION OF CENTER.—Section 119A of the National
Security Act of 1947 (50 U.S.C. 3057) is amended by striking
‘‘National Counter Proliferation Center’’ each place it appears and
inserting ‘‘National Counterproliferation and Biosecurity Center’’.
(b) ESTABLISHMENT AND HEAD.—Subsection (a) of such section
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘government tools to prevent’’ and
inserting ‘‘government tools to—
‘‘(A) prevent’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(B) lead integration and mission management of all intelligence activities pertaining to biosecurity and foreign biological
threats.’’; and
(2) by adding at the end the following new paragraph:
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President.
Coordination.
Analysis.
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‘‘(4) The Director of the National Counterproliferation and Biosecurity Center shall serve as the principal coordinator for the
intelligence community, and as the principal advisor to the Director
of National Intelligence, with respect to biosecurity and foreign
biological threats.’’.
(c) MISSIONS AND OBJECTIVES.—Subsection (b) of such section
is amended—
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right;
(2) in the matter preceding subparagraph (A), as so redesignated, by striking ‘‘In establishing’’ and inserting the following:
‘‘(1) COUNTERPROLIFERATION.—In establishing’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) BIOSECURITY.—In establishing the National Counterproliferation and Biosecurity Center, the President shall
address the following missions and objectives to ensure that
the Center serves as the lead for the intelligence community
for the integration, mission management, and coordination of
intelligence activities pertaining to biosecurity and foreign
biological threats, regardless of origin:
‘‘(A) Ensuring that the elements of the intelligence
community provide timely and effective warnings to the
President and the Director of National Intelligence
regarding emerging foreign biological threats, including diseases with pandemic potential.
‘‘(B) Overseeing and coordinating the collection and
analysis of intelligence on biosecurity and foreign biological
threats in support of the intelligence needs of the Federal
departments and agencies responsible for public health,
including by conveying collection priorities to elements of
the intelligence community.
‘‘(C) Coordinating intelligence support to the Federal
departments and agencies responsible for public health,
including by ensuring that intelligence pertaining to biosecurity and foreign biological threats is disseminated
among appropriately cleared personnel of such departments
and agencies.
‘‘(D) Coordinating with the Federal departments and
agencies responsible for public health to encourage information sharing with the intelligence community.
‘‘(E) Identifying gaps in the capabilities of the intelligence community regarding biosecurity and countering
foreign biological threats and providing to the Director
of National Intelligence recommended solutions for such
gaps, including by encouraging research and development
of new capabilities to counter foreign biological threats.’’.
(d) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) by striking ‘‘counter proliferation’’ each place it appears
and inserting ‘‘counterproliferation’’; and
(2) in the section heading, by striking ‘‘COUNTER PROLIFERATION’’ and inserting ‘‘COUNTERPROLIFERATION AND BIOSECURITY’’
(and conforming the table of sections at the beginning of such
Act accordingly).
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136 STAT. 975
(e) REFERENCES.—Any reference in any law, regulation, guidance, instruction, or other document of the United States Government to the National Counter Proliferation Center shall be deemed
to refer to the National Counterproliferation and Biosecurity Center.
SEC.
402.
CLARIFICATION OF CERTAIN RESPONSIBILITIES
DIRECTOR OF NATIONAL INTELLIGENCE.
50 USC 3057
note.
OF
Section 102A(f)(8) of the National Security Act of 1947 (50
U.S.C. 3024(f)(8)) is amended by striking ‘‘such other functions’’
and inserting ‘‘such other intelligence-related functions’’.
SEC. 403. RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET
CONCERNING FEDERAL BUREAU OF INVESTIGATION.
Section 102A of the National Security Act of 1947 (50 U.S.C.
3024) is amended—
(1) in subsection (c)(5), by adding at the end the following
new subparagraph:
‘‘(D) Consistent with subparagraph (C), the Director of National
Intelligence shall ensure that the programs and activities that
are part of the National Intelligence Program, including those of
the Federal Bureau of Investigation, are structured and executed
in a manner than enables budget traceability.’’; and
(2) in subsection (p)—
(A) by striking the heading and inserting ‘‘CERTAIN
RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE
RELATING TO NATIONAL INTELLIGENCE PROGRAM’’;
(B) by striking ‘‘Subject to’’ and inserting ‘‘(1) Subject
to’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) Consistent with subsection (c)(5)(C), the Director of
National Intelligence shall, after consultation with the Director
of the Federal Bureau of Investigation, ensure that the programs
and activities of the Federal Bureau of Investigation that are part
of the National Intelligence Program are executed in a manner
that conforms with the requirements of the national intelligence
strategy under section 108A of this Act and the National Intelligence Priorities Framework of the Office of the Director of National
Intelligence (or any successor mechanism established for the
prioritization of such programs and activities).’’.
Consultation.
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SEC. 404. CLIMATE SECURITY ADVISORY COUNCIL.
(a) REPORTS.—Subsection (d) of section 120 of the National
Security Act of 1947 (50 U.S.C. 3060) is amended—
(1) by striking ‘‘Not later’’ and inserting the following:
‘‘(1) REQUIREMENT.—Not later’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) MATTERS INCLUDED.—Each report under paragraph (1)
shall include a description of any obstacles or gaps relating
to—
‘‘(A) the Council fulfilling its duties and responsibilities
under subsection (c); or
‘‘(B) the responsiveness of the intelligence community
to the climate security needs and priorities of the policymaking elements of the Federal Government.’’.
(b) EXTENSION OF SUNSET; TECHNICAL AMENDMENTS.—Such
section 120 is amended—
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PUBLIC LAW 117–103—MAR. 15, 2022
(1) in subsection (b)(1)(B)(v), by inserting ‘‘and Security’’
after ‘‘for Intelligence’’;
(2) by redesignating the second subsection (e) as subsection
(f); and
(3) in subsection (e), by striking ‘‘the date that is 4 years
after the date of the enactment of this section’’ and inserting
‘‘December 31, 2025’’.
SEC. 405. REMOVAL OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY FROM LEVEL IV OF THE EXECUTIVE
SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
striking ‘‘Chief Information Officer of the Intelligence Community.’’.
Subtitle B—Other Elements
SEC. 411. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by adding at the end the following:
‘‘SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
50 USC 3527.
Appointment.
Appointments.
Reimbursement.
Certification.
‘‘(a) ESTABLISHMENT OF CHAPLAIN CORPS.—There is in the
Agency a Chaplain Corps for the provision of spiritual or religious
pastoral services.
‘‘(b) CHIEF OF CHAPLAINS.—The head of the Chaplain Corps
shall be the Chief of Chaplains, who shall be appointed by the
Director.
‘‘(c) STAFF AND ADMINISTRATION.—
‘‘(1) STAFF.—The Director may appoint and fix the compensation of such staff of the Chaplain Corps as the Director
considers appropriate, except that the Director may not—
‘‘(A) appoint more than 10 full-time equivalent positions; or
‘‘(B) provide basic pay to any member of the staff
of the Chaplain Corps at an annual rate of basic pay
in excess of the maximum rate of basic pay for grade
GS–15 as provided in section 5332 of title 5, United States
Code.
‘‘(2) ADMINISTRATION.—The Director may—
‘‘(A) reimburse members of the staff of the Chaplain
Corps for work-related travel expenses;
‘‘(B) provide security clearances to such members;
‘‘(C) furnish such physical workspace at the headquarters building of the Agency as the Director considers
appropriate; and
‘‘(D) certify that all Chaplains meet common standards
for professional chaplaincy and board certification by a
national chaplaincy and pastoral care organization or
equivalent.’’.
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SEC. 412. MODIFICATION OF NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092(b)(2) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (B) as subparagraph
(C); and
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136 STAT. 977
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
‘‘(B) in the case of employees appointed pursuant to
paragraph (1)(G), to any of 2 positions of administration
or management designated by the Director of the National
Geospatial-Intelligence Agency for purposes of this
subparagraph; and’’.
SEC. 413. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL
PHENOMENA TASK FORCE.
(a) AVAILABILITY OF
NOMENA.—The Director of
DATA ON UNIDENTIFIED AERIAL PHENational Intelligence and the Secretary
of Defense shall jointly require that each element of the intelligence
community and component of the Department of Defense with data
relating to unidentified aerial phenomena makes such data available immediately to the Unidentified Aerial Phenomena Task Force,
or successor entity, and to the National Air and Space Intelligence
Center.
(b) QUARTERLY REPORTS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or successor entity, consistent with the protection of
intelligence sources and methods, shall submit to the appropriate congressional committees a report on the findings of
the Unidentified Aerial Phenomena Task Force, or successor
entity.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-related
events that occurred during the period covered by the
report.
(B) All reported unidentified aerial phenomena-related
events that occurred during a period other than the period
covered by the report but were not included in an earlier
report.
(3) FORM.—Each report submitted under paragraph (1)
shall be submitted in classified form.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the following:
(A) The congressional intelligence committees.
(B) The Committees on Armed Services of the House
of Representatives and the Senate.
(2) UNIDENTIFIED AERIAL PHENOMENA TASK FORCE.—The
term ‘‘Unidentified Aerial Phenomena Task Force’’ means the
task force established by the Department of Defense on August
4, 2020, to be led by the Department of the Navy, under
the Office of the Under Secretary of Defense for Intelligence
and Security.
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SEC. 414. LIMITATION ON PROCUREMENT BY FEDERAL BUREAU OF
INVESTIGATION OF PEOPLE’S REPUBLIC OF CHINA PRODUCTS AND SERVICES.
50 USC 3373a.
Requirement.
Classified
information.
28 USC 532 note.
(a) SECURITY ASSESSMENT.—The Director of the Federal Bureau
of Investigation may not procure a People’s Republic of China
product or service unless, before such procurement—
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Assessment.
Recommendations.
Recommendations.
Records.
28 USC 532 note.
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Coordination.
Determination.
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(1) the Federal Bureau of Investigation conducts a security
assessment of such product or service, including with respect
to any physical, counterintelligence, or cyber vulnerabilities;
(2) there is included in the process of conducting such
security assessment a formal mechanism through which input
shall be submitted by the Counterintelligence Division and
Cyber Division of the Federal Bureau of Investigation regarding
such security assessment, including with respect to any such
vulnerabilities; and
(3) the Director (or a designee of the Director) approves
a recommendation, based on the results of such security assessment, to procure such product or service.
(b) SUBMISSION.—Not later than 30 days after the date on
which the Director (or a designee of the Director, as applicable)
approves a recommendation pursuant to subsection (a)(3), the
Director shall submit to the appropriate congressional committees
the recommendation and a copy of the security assessment upon
which the recommendation was based.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees; and
(B) the Subcommittees on Commerce, Justice, Science,
and Related Agencies of the Committees on Appropriations
of the House of Representatives and the Senate.
(2) PEOPLE’S REPUBLIC OF CHINA PRODUCT OR SERVICE.—
The term ‘‘People’s Republic of China product or service’’ means
an information or communication technology product manufactured in China, Hong Kong, or Macau, or a product or service
provided by an entity that is fully or partially owned or controlled by, or otherwise connected to, the government of China.
SEC. 415. COUNTERINTELLIGENCE UNITS AT NON-INTELLIGENCE
COMMUNITY FEDERAL DEPARTMENTS AND AGENCIES.
(a) ESTABLISHMENT.—The Director of the Federal Bureau of
Investigation shall establish counterintelligence units in the departments and agencies described in subsection (b). Such units shall
be composed of officers of the Counterintelligence Division of the
Federal Bureau of Investigation.
(b) DEPARTMENTS AND AGENCIES DESCRIBED.—The departments
and agencies described in this subsection are the following departments and agencies of the United States Government:
(1) The Department of Agriculture.
(2) Any other department or agency that the Director,
in coordination with the Director of National Intelligence, determines appropriate.
(c) DUTIES.—The Director of the Federal Bureau of Investigation shall ensure that each counterintelligence unit established
under subsection (a) in a department or agency described in subsection (b) carries out the following duties:
(1) Conducts assessments, in coordination with the leadership of the department or agency, to determine the counterintelligence posture of the department or agency, including any
components thereof.
(2) Informs and consults with the leadership of the department or agency, including any components thereof, and provides
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recommendations with respect to any counterintelligence
threats identified by the intelligence community.
(3) Provides such administrative and technical support as
is necessary to develop, in coordination with the leadership
of the department or agency, a plan to eliminate or reduce
the threats described in paragraph (2).
(4) Serves as the primary point of contact for the department or agency with respect to counterintelligence for the intelligence community.
(d) INTELLIGENCE COMMUNITY SUPPORT.—The heads of the elements of the intelligence community shall ensure that relevant
counterintelligence information is provided to counterintelligence
units established under subsection (a) in a manner that is consistent
with the need to protect sources and methods.
(e) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of such other departments and agencies
of the Federal Government as the Director determines appropriate,
shall submit to the appropriate congressional committees a report
detailing options for the intelligence community to improve intelligence support to the Department of Agriculture and the Department of Commerce. The report shall be submitted in unclassified
form, but may include a classified annex.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies of the Committees on Appropriations of the
House of Representatives and the Senate.
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Consultation.
Determination.
SEC. 416. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN
OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF THE TREASURY.
31 USC 311 note.
(a) PILOT PROGRAM REQUIRED.—The Assistant Secretary for
Intelligence and Analysis of the Department of the Treasury shall
carry out a pilot program to assess the feasibility and advisability
of using adjustments of rates of pay to recruit and retain staff
for high-demand positions in the Office of Intelligence and Analysis
of the Department of the Treasury.
(b) DURATION.—The Assistant Secretary shall carry out the
pilot program required by subsection (a) during the 4-year period
beginning on the date of the enactment of this Act.
(c) ADDITIONAL PAY.—Under the pilot program required by
subsection (a), the Assistant Secretary shall, notwithstanding any
provision of title 5, United States Code, governing the rates of
pay or classification of employees in the executive branch, prescribe
the rate of basic pay for financial and cyber intelligence analyst
positions designated under subsection (d) at rates—
(1) not greater than 130 percent of the maximum basic
rate of pay and locality pay for which such positions would
otherwise be eligible; and
(2) not greater than the rate of basic pay payable for
level II of the Executive Schedule under section 5313 of title
5, United States Code.
(d) DESIGNATED POSITIONS.—
Assessment.
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Time period.
Deadline.
Time period.
Recommendations.
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(1) IN GENERAL.—Subject to paragraph (2), under the pilot
program required by subsection (a), the Assistant Secretary
shall designate not fewer than 5 percent of the total number
of positions in the Office, including positions to be filled by
new hires, as financial or cyber intelligence analyst positions
eligible for the additional pay under subsection (c).
(2) CURRENT EMPLOYEES.—The Assistant Secretary may
designate under paragraph (1) a position filled by an employee
who was employed in that position on the day before the
date of the enactment of this Act only if the employee was
in the top one-third of performance rankings for the position
within the Office for the duration of the 2-year period ending
on the date of the enactment of this Act.
(e) BRIEFING ON THE PILOT PROGRAM.—Not later than 180
days after the date of the enactment of this Act and not less
frequently than once each year thereafter for the duration of the
period specified in subsection (b), the Assistant Secretary shall
provide to the appropriate congressional committees and the
Director of National Intelligence a briefing on the pilot program
required by subsection (a).
(f) REPORT ON THE PILOT PROGRAM.—Not later than 180 days
before the last day of the period specified in subsection (b), the
Assistant Secretary shall submit to the appropriate congressional
committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and
Reform of the House of Representatives, and the Director of
National Intelligence a report on the effectiveness of the pilot program required by subsection (a) and recommendations as to whether
such pilot program should be extended, modified, or ended.
(g) RECOMMENDATIONS OF DIRECTOR OF NATIONAL INTELLIGENCE.—Not later than 3 years after the date of the enactment
of this Act, the Director of National Intelligence shall submit to
the appropriate congressional committees recommendations as to—
(1) which, if any, other elements of the intelligence community would benefit from a program similar to the pilot program
required by subsection (a); and
(2) what, if any, modifications the Director would recommend for such elements.
(h) RETENTION OF PRESCRIBED RATES OF PAY AFTER TERMINATION OF PILOT PROGRAM.—After the conclusion of the period
specified in subsection (b), the Assistant Secretary may continue
to pay a person, who received pay during such period pursuant
to a rate of basic pay prescribed under subsection (c), at a rate
of basic pay not to exceed the rate of basic pay that was in effect
for the person pursuant to such subsection on the day before the
last day of such period, until such time as the applicable rate
of basic pay for the person under the General Schedule exceeds
the rate of basic pay that was so in effect under subsection (c).
(i) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the Subcommittees on Financial Services and General
Government of the Committees on Appropriations of the House
of Representatives and the Senate.
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136 STAT. 981
SEC. 417. DESIGNATION OF SENATOR ROY BLUNT GEOSPATIAL
LEARNING CENTER.
Missouri.
(a) DESIGNATION.—The Geospatial Learning Center in the Next
NGA West facility in St. Louis, Missouri, shall after the date
of the enactment of this Act be known and designated as the
‘‘Senator Roy Blunt Geospatial Learning Center’’.
(b) REFERENCES.—Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Geospatial Learning Center in the Next NGA West facility referred
to in subsection (a) shall be deemed to be a reference to the
‘‘Senator Roy Blunt Geospatial Learning Center’’.
TITLE V—MATTERS RELATING TO
OVERSIGHT
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SEC. 501. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE
COMMUNITY.—
(1) THREATS RELATING TO PERSONNEL ACTIONS.—
(A) AGENCY EMPLOYEES.—Section 1104(b) of the
National Security Act of 1947 (50 U.S.C. 3234(b)) is
amended, in the matter preceding paragraph (1)—
(i) by striking ‘‘Any employee of an agency’’ and
inserting ‘‘Any employee of a covered intelligence
community element or an agency’’; and
(ii) by inserting ‘‘, or threaten to take or fail to
take,’’ after ‘‘take or fail to take’’.
(B) CONTRACTOR EMPLOYEES.—Section 1104(c)(1) of
such Act (50 U.S.C. 3234(c)(1)) is amended, in the matter
preceding subparagraph (A), by inserting ‘‘, or threaten
to take or fail to take,’’ after ‘‘take or fail to take’’.
(2) PROTECTION FOR CONTRACTOR EMPLOYEES AGAINST
REPRISAL FROM AGENCY EMPLOYEES.—Section 1104(c)(1) of such
Act (50 U.S.C. 3234(c)(1)), as amended by paragraph (1)(B)
of this subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ‘‘of an agency or’’ after ‘‘Any
employee’’.
(3) ENFORCEMENT.—Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
‘‘(d) ENFORCEMENT.—The President shall provide for the
enforcement of this section consistent, to the fullest extent possible,
with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.’’.
(b) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND
ACCESS DETERMINATIONS.—
(1) ENFORCEMENT.—Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)) is amended—
(A) by redesignating paragraph (8) as paragraph (9);
and
(B) by inserting after paragraph (7) the following:
‘‘(8) ENFORCEMENT.—Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section consistent, to the fullest extent possible, with
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President.
President.
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136 STAT. 982
PUBLIC LAW 117–103—MAR. 15, 2022
the policies and procedures used to adjudicate alleged violations
of section 2302(b)(8) of title 5, United States Code.’’.
(2) TOLLING OF DEADLINE FOR APPEAL OF PROHIBITED
REPRISAL.—Section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4))
is amended—
(A) in subparagraph (A), by inserting ‘‘(except as provided by subparagraph (D))’’ after ‘‘within 90 days’’; and
(B) by adding at the end the following new subparagraph:
‘‘(D) TOLLING.—The time requirement established by
subparagraph (A) for an employee or former employee to
appeal the decision of an agency may be tolled if the
employee or former employee presents substantial credible
evidence showing why the employee or former employee
did not timely initiate the appeal and why the enforcement
of the time requirement would be unfair, such as evidence
showing that the employee or former employee—
‘‘(i) did not receive notice of the decision; or
‘‘(ii) could not timely initiate the appeal because
of factors beyond the control of the employee or former
employee.’’.
(c) CORRECTION OF DEFINITION OF AGENCY.—Section
3001(a)(1)(B) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended by striking ‘‘and’’
and inserting ‘‘or’’.
(d) ESTABLISHING CONSISTENCY WITH RESPECT TO PROTECTIONS
FOR DISCLOSURES OF MISMANAGEMENT.—
(1) SECURITY CLEARANCE AND ACCESS DETERMINATIONS.—
Section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended—
(A) in subparagraph (A)(ii), by striking ‘‘gross mismanagement’’ and inserting ‘‘mismanagement’’; and
(B) in subparagraph (B)(ii), by striking ‘‘gross mismanagement’’ and inserting ‘‘mismanagement’’.
(2)
PERSONNEL
ACTIONS
AGAINST
CONTRACTOR
EMPLOYEES.—Section 1104(c)(1)(B) of the National Security Act
of 1947 (50 U.S.C. 3234(c)(1)(B)) is amended by striking ‘‘gross
mismanagement’’ and inserting ‘‘mismanagement’’.
(e) PROTECTED DISCLOSURES TO SUPERVISORS.—
(1) PERSONNEL ACTIONS.—
(A) DISCLOSURES BY AGENCY EMPLOYEES TO SUPERVISORS.—Section 1104(b) of the National Security Act of
1947 (50 U.S.C. 3234(b)), as amended by subsection
(a)(1)(A), is further amended, in the matter preceding paragraph (1), by inserting ‘‘a supervisor in the employee’s
direct chain of command, or a supervisor of the employing
agency with responsibility for the subject matter of the
disclosure, up to and including’’ before ‘‘the head of the
employing agency’’.
(B) DISCLOSURES BY CONTRACTOR EMPLOYEES TO SUPERVISORS.—Section 1104(c)(1) of such Act (50 U.S.C.
3234(c)(1)), as amended by subsection (a), is further
amended, in the matter preceding subparagraph (A), by
inserting ‘‘a supervisor in the contractor employee’s direct
chain of command, or a supervisor of the contracting agency
with responsibility for the subject matter of the disclosure,
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136 STAT. 983
up to and including’’ before ‘‘the head of the contracting
agency’’.
(2) SECURITY CLEARANCE AND ACCESS DETERMINATIONS.—
Section 3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended,
in the matter preceding clause (i), by inserting ‘‘a supervisor
in the employee’s direct chain of command, or a supervisor
of the employing agency with responsibility for the subject
matter of the disclosure, up to and including’’ before ‘‘the head
of the employing agency’’.
(f) ESTABLISHING PARITY FOR PROTECTED DISCLOSURES.—Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234)
is further amended—
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (A) of this paragraph, by striking ‘‘for a lawful disclosure’’ and inserting
the following: ‘‘for—
‘‘(1) any lawful disclosure’’; and
(C) by adding at the end the following:
‘‘(2) any lawful disclosure that complies with—
‘‘(A) subsections (a)(1), (d), and (g) of section 8H of
the Inspector General Act of 1978 (5 U.S.C. App.);
‘‘(B) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
‘‘(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
‘‘(3) if the actions do not result in the employee unlawfully
disclosing information specifically required by Executive order
to be kept classified in the interest of national defense or
the conduct of foreign affairs, any lawful disclosure in conjunction with—
‘‘(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
‘‘(B) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (A); or
‘‘(C) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with
applicable provisions of law in connection with an audit,
inspection, or investigation conducted by the Inspector General.’’; and
(2) in subsection (c)(1), as amended by subsections (a),
(d)(2), and (e)(1)(B)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such clauses,
as so redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as redesignated
and moved by subparagraph (A) of this paragraph, by
striking ‘‘for a lawful disclosure’’ and inserting the following: ‘‘for—
‘‘(A) any lawful disclosure’’; and
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(C) by adding at the end the following:
‘‘(B) any lawful disclosure that complies with—
‘‘(i) subsections (a)(1), (d), and (g) of section 8H of
the Inspector General Act of 1978 (5 U.S.C. App.);
‘‘(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
‘‘(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
‘‘(C) if the actions do not result in the contractor employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of national
defense or the conduct of foreign affairs, any lawful disclosure
in conjunction with—
‘‘(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
‘‘(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
‘‘(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with
applicable provisions of law in connection with an audit,
inspection, or investigation conducted by the Inspector General.’’.
(g) CLARIFICATION RELATING TO PROTECTED DISCLOSURES.—
Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234)
is further amended—
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
‘‘(d) RULE OF CONSTRUCTION.—Consistent with the protection
of intelligence sources and methods, nothing in subsection (b) or
(c) shall be construed to authorize—
‘‘(1) the withholding of information from Congress; or
‘‘(2) the taking of any personnel action against an employee
who lawfully discloses information to Congress.
‘‘(e) DISCLOSURES.—A disclosure shall not be excluded from
this section because—
‘‘(1) the disclosure was made to an individual, including
a supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B)
or the contractor employee reasonably believed to be covered
under subsection (c)(1)(A)(ii);
‘‘(2) the disclosure revealed information that had been previously disclosed;
‘‘(3) the disclosure was not made in writing;
‘‘(4) the disclosure was made while the employee was off
duty;
‘‘(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
‘‘(6) the disclosure was made during the normal course
of duties of an employee or contractor employee.’’.
(h) CORRECTION RELATING TO NORMAL COURSE DISCLOSURES.—
Section 3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended—
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(1) by striking ‘‘DISCLOSURES.—’’ and all that follows
through ‘‘because—’’ and inserting ‘‘DISCLOSURES.—A disclosure
shall not be excluded from paragraph (1) because—’’;
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
‘‘or’’ at the end;
(5) in subparagraph (E), as redesignated by paragraph
(3), by striking the period at the end and inserting ‘‘; or’’;
and
(6) by adding at the end the following:
‘‘(F) the disclosure was made during the normal course
of duties of an employee.’’.
(i) CLARIFICATION RELATING TO RULE OF CONSTRUCTION.—Section 3001(j)(2) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ‘‘or
clearance action’’ after ‘‘personnel action’’.
(j) CLARIFICATION RELATING TO PROHIBITED PRACTICES.—Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)(1)), as amended by this section,
is further amended by striking ‘‘over’’ and inserting ‘‘to take, direct
others to take, recommend, or approve’’.
(k) TECHNICAL CORRECTION.—Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)(C)(i)) is amended by striking ‘‘(h)’’ and inserting
‘‘(g)’’.
(l) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence
committees a report assessing the extent to which protections provided under Presidential Policy Directive 19 (relating to protecting
whistleblowers with access to classified information) have been
codified in statutes.
Assessment.
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SEC. 502. AUTHORITIES REGARDING WHISTLEBLOWER COMPLAINTS
AND INFORMATION OF URGENT CONCERN RECEIVED BY
INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) AUTHORITY OF INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY TO DETERMINE MATTERS OF URGENT CONCERN.—Section 103H(k)(5)(G) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)(G)) is amended—
(1) by redesignating clauses (i), (ii), and (iii) as subclauses
(I), (II), and (III), respectively;
(2) in the matter preceding subclause (I), as redesignated
by paragraph (1), by inserting ‘‘(i)’’ before ‘‘In this’’; and
(3) by adding at the end the following new clause:
‘‘(ii) Within the executive branch, the Inspector General shall
have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern
under this paragraph.’’.
(b) AUTHORITY OF INSPECTORS GENERAL TO DETERMINE MATTERS OF URGENT CONCERN.—Subsection (h) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended—
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(1) in paragraph (1), by redesignating paragraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively (and indenting
such clauses accordingly);
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively (and indenting such subparagraphs accordingly);
(3) in the matter preceding subparagraph (A), as redesignated by paragraph (2), by inserting ‘‘(1)’’ before ‘‘In this’’;
and
(4) by adding at the end the following new paragraph:
‘‘(2) Within the executive branch, an Inspector General to whom
any complaint or information is reported under this section shall
have sole authority to determine whether the complaint or information is a matter of urgent concern under this section.’’.
(c) AUTHORITY OF INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY TO DETERMINE MATTERS OF URGENT CONCERN.—
Section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)) is amended—
(1) in clause (i), by redesignating subclauses (I), (II), and
(III) as items (aa), (bb), and (cc), respectively (and indenting
such items accordingly);
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively (and indenting such subclauses accordingly);
(3) in the matter preceding clause (I), as redesignated
by subparagraph (B), by inserting ‘‘(i)’’ before ‘‘In this’’; and
(4) by adding at the end the following new clause:
‘‘(ii) Within the executive branch, the Inspector General shall
have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern
under this paragraph.’’.
SEC. 503. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF
FUNDING FOR INTELLIGENCE ACTIVITIES.
Paragraph (1) of section 504(a) of the National Security Act
of 1947 (50 U.S.C. 3094(a)) is amended to read as follows:
‘‘(1) those funds were specifically authorized by Congress
for use for such intelligence or intelligence-related activities;
or’’.
SEC. 504. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.
(a) IN GENERAL.—Title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) is amended by inserting after section
501 the following new section (and conforming the table of contents
at the beginning of such Act accordingly):
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50 USC 3091a.
‘‘SEC. 501A. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS
PROGRAMS.
‘‘(a) PERIODIC BRIEFINGS.—
‘‘(1) REQUIREMENT.—Not less frequently than semiannually
or upon request by one of the appropriate congressional committees or a member of congressional leadership, the Director
of National Intelligence shall provide to such committees and
congressional leadership a briefing on each controlled access
program in effect.
‘‘(2) CONTENTS.—Each briefing provided under paragraph
(1) shall include, at a minimum, the following:
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‘‘(A) A description of the activity of the controlled access
programs during the period covered by the briefing.
‘‘(B) Documentation with respect to how the controlled
access programs have achieved outcomes consistent with
requirements documented by the Director and, as
applicable, the Secretary of Defense.
‘‘(b) LIMITATION ON ESTABLISHMENT.—A head of an element
of the intelligence community may not establish a controlled access
program, or a compartment or subcompartment therein, until the
head notifies the appropriate congressional committees and congressional leadership of such controlled access program, compartment,
or subcompartment, as the case may be.
‘‘(c) ANNUAL REPORTS.—
‘‘(1) REQUIREMENT.—On an annual basis, the head of each
element of the intelligence community shall submit to the
appropriate congressional committees and congressional leadership a report on controlled access programs administered by
the head.
‘‘(2) MATTERS INCLUDED.—Each report submitted under
paragraph (1) shall include, with respect to the period covered
by the report, the following:
‘‘(A) A list of all compartments and subcompartments
of controlled access programs active as of the date of the
report.
‘‘(B) A list of all compartments and subcompartments
of controlled access programs terminated during the period
covered by the report.
‘‘(C) With respect to the report submitted by the
Director of National Intelligence, in addition to the matters
specified in clauses (A) and (B)—
‘‘(i) a certification regarding whether the creation,
validation, or substantial modification, including termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within each, are substantiated and justified
based on the information required by clause (ii); and
‘‘(ii) for each certification—
‘‘(I) the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment, and subcompartment;
‘‘(II) the identification of a control officer for
each controlled access program; and
‘‘(III) a statement of protection requirements
for each controlled access program.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the congressional intelligence committees;
‘‘(B) the Committee on Appropriations of the Senate;
and
‘‘(C) the Committee on Appropriations of the House
of Representatives.
‘‘(2) CONGRESSIONAL LEADERSHIP.—The term ‘congressional
leadership’ means—
‘‘(A) the majority leader of the Senate;
‘‘(B) the minority leader of the Senate;
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Records.
Notification.
Lists.
Certification.
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‘‘(C) the Speaker of the House of Representatives; and
‘‘(D) the minority leader of the House of Representatives.
‘‘(3) CONTROLLED ACCESS PROGRAM.—The term ‘controlled
access program’ means a program created or managed pursuant
to Intelligence Community Directive 906, or successor directive.’’.
(b) FIRST REPORTS.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the head of each element of
the intelligence community shall submit to the appropriate
congressional committees and congressional leadership a report
on all controlled access programs of the element in effect.
(2) MATTERS ADDRESSED.—Each report under paragraph
(1) shall address, for each controlled access program covered
by the report, the following:
(A) Date of initial operational capability.
(B) Rationale.
(C) Annual level of funding.
(D) Current operational use.
(c) BRIEFING.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees and congressional leadership a briefing on all controlled
access programs established during the 3-year period preceding
such date of enactment that have not been previously briefed
to such committees and leadership.
(2) LIMITATION.—If the Director does not carry out paragraph (1) by the date specified in that paragraph, no funds
may be obligated or expended by an element of the intelligence
community to carry out a controlled access program described
in that paragraph, or a compartment or subcompartment
therein, until the head of that element has provided to the
appropriate congressional committees and congressional leadership a briefing on the controlled access program.
(d) DEFINITIONS.—In this section, the terms ‘‘appropriate
congressional committees’’, ‘‘congressional leadership’’, and ‘‘controlled access programs’’ have the meanings given those terms
in section 501A of the National Security Act of 1947, as added
by subsection (a).
(e) CONFORMING REPEAL.—Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public Law
115–31; 131 Stat. 833; 50 U.S.C. 3315) is amended by striking
subsection (b).
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SEC. 505. ANNUAL REPORTS ON DOMESTIC ACTIVITIES OF INTELLIGENCE COMMUNITY.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Federal Bureau of Investigation and the Department
of Homeland Security conduct vital work in enforcing the rule
of law and safeguarding the people of the United States from
harm;
(2) the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108–458; 118 Stat. 3638) sought to facilitate
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greater information sharing between law enforcement and intelligence communities for the purpose of thwarting attacks on
the homeland from international terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign nexus,
consistent with the definition of ‘‘intelligence’’ provided by Congress in section 3 of the National Security Act of 1947 (50
U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that pertains
exclusively to United States persons absent a foreign nexus.
(b) REQUIREMENT.—Title V of the National Security Act of
1947 (50 U.S.C. 3231 et seq.), is amended by adding at the end
the following new section (and conforming the table of contents
at the beginning of such Act accordingly):
‘‘SEC. 513. ANNUAL REPORTS ON THE DOMESTIC ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
‘‘(a) REPORTS.—Not later than January 31 of each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report—
‘‘(1) identifying all domestic activities undertaken by each
element of the intelligence community during the prior fiscal
year; and
‘‘(2) for each activity identified under paragraph (1), a
statement of the legal authority authorizing such activity to
be undertaken.
‘‘(b) FORM.—Each report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.’’.
(c) FIRST REPORT.—Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees the first
report required under section 513 of the National Security Act
of 1947, as added by subsection (a).
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the Subcommittees on Commerce, Justice, Science, and
Related Agencies and the Subcommittees on Homeland Security
of the Committees on Appropriations of the House of Representatives and the Senate.
50 USC 3112.
50 USC 3112
note.
SEC. 506. REPORTS RELATING TO INSPECTOR GENERAL OF DEFENSE
INTELLIGENCE AGENCY.
(a) REPORT ON RESPONSES BY INSPECTOR GENERAL TO SUBSTANALLEGATIONS.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the appropriate congressional
committees a report on allegations of reprisal or abuse of
authority determined to be substantiated by the Inspector General of the Defense Intelligence Agency during the 5-year period
preceding the date of the enactment of this Act.
(2) MATTERS INCLUDED.—The report under paragraph (1)
shall include, with respect to each allegation determined to
be substantiated during the 5-year period specified in such
paragraph, a description of the following:
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Recommendations.
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(A) Details of each substantiated allegation.
(B) The rank or grade of the individuals involved in
the allegation.
(C) Any disciplinary action recommended by the
Inspector General in response to the allegation, or, if the
Inspector General recommended no disciplinary action be
taken in response, any justification for such recommendation.
(D) Any disciplinary action taken by the relevant manager of the Defense Intelligence Agency in response to
the allegation.
(E) Whether the relevant manager reduced, or declined
to take, a disciplinary action recommended by the Inspector
General in response to the allegation.
(F) Any justification from the relevant manager
regarding the decision to take, reduce, or decline to take,
a disciplinary action recommended by the Inspector General in response to the allegation.
(G) The process by which Defense Intelligence Agency
management reviews and makes decisions regarding disciplinary actions in response to substantiated allegations,
including—
(i) the criteria applied by management in making
the decision to take, reduce, or decline to take, a disciplinary action;
(ii) a description of which managers have the
authority to make such decisions, including the rank
or grade of the managers; and
(iii) a description of any formal or informal appeals
processes available with respect to such decisions.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b) REPORT ON PROCESSES FOR ENSURING INDEPENDENCE OF
INSPECTOR GENERAL.—
(1) REPORT.—Not later than 30 days after the date of
the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the appropriate congressional
committees and the Council of the Inspectors General on Integrity and Efficiency established under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) a report on the processes
of the Defense Intelligence Agency for ensuring the independence of the position of the Inspector General of the Defense
Intelligence Agency.
(2) MATTERS INCLUDED.—The report under paragraph (1)
shall include a description of the following:
(A) The selection criteria used by the Director in the
appointment of the Inspector General.
(B) The methods used by the Director to ensure the
independence of the position of the Inspector General,
including—
(i) the process for vetting candidates for such position for independence from leadership of the Defense
Intelligence Agency and from officials occupying positions in the Defense Intelligence Senior Executive
Service; and
(ii) the process for evaluating such candidates for
conflicts of interest.
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(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) ASSESSMENT BY COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—
(1) ASSESSMENT.—Not later than 120 days after the date
of the enactment of this Act, the Council of the Inspectors
General on Integrity and Efficiency shall—
(A) conduct an assessment of the effectiveness of the
selection criteria and methods specified in subsection (b)(2)
with respect to the position of the Inspector General of
the Defense Intelligence Agency; and
(B) submit to the appropriate congressional committees
a report containing the results of such assessment.
(2) FORM.—The report under paragraph (1)(B) shall be
submitted in unclassified form, but may include a classified
annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
TITLE VI—ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE
MATTERS
SEC. 601. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN MEDICAL OFFICERS OF CENTRAL INTELLIGENCE
AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.), as amended by section 411, is further amended by adding
at the end the following new section:
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‘‘SEC. 27. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN MEDICAL OFFICERS.
‘‘(a) OFFICE OF MEDICAL SERVICES.—There is in the Agency
an Office of Medical Services.
‘‘(b) COMPENSATION.—Beginning not later than 1 year after
the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, each medical officer of the Office of Medical
Services who meets the qualifications under subsection (c) shall
be compensated during a pay period pursuant to a pay range
that is equal to the pay range published in the Federal Register
pursuant to section 7431(e)(1)(C) of title 38, United States Code
(for the corresponding pay period), for a physician in the Veterans
Health Administration in the District of Columbia region with
a medical subspecialty that is the equivalent of the medical subspecialty of the officer.
‘‘(c) CLINICAL PRACTICE QUALIFICATIONS.—A medical officer
meets the qualifications under this subsection if the officer provides
direct care services to patients in connection with the official duties
of the officer and—
‘‘(1) maintains current, active, full, and unrestricted licensure or registration as a physician from a State, the District
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Deadline.
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of Columbia, or a commonwealth or territory of the United
States;
‘‘(2) holds active board certification and maintains accreditation in an American Board of Medical Specialties direct care
clinical specialty; and
‘‘(3) except as provided in subsection (d), maintains a minimum of 96 hours per year of clinical practice in an accredited
clinic or hospital facility that is not affiliated with the Central
Intelligence Agency.
‘‘(d) EXCEPTION FOR OVERSEAS SERVICE.—If a medical officer
is a medical officer located in a duty station outside of the United
States pursuant to a permanent change of station and greater
than 50 percent of the official duties of the officer in such duty
station involve direct patient care, the officer, in lieu of performing
the minimum hours under subsection (c)(3) on an annual basis,
may count up to 480 hours of clinical practice performed as specified
in such subsection prior to such change of station, to fulfill in
advance the requirement under such subsection for up to 3 years.
‘‘(e) CLINICAL PRACTICE HOURS.—The head of the Office of
Medical Services shall make available to medical officers excused
absence time to allow for the maintenance of clinical practice hours
in accordance with subsection (c)(3).’’.
Time period.
SEC. 602. MEDICAL ADVISORY BOARD OF CENTRAL INTELLIGENCE
AGENCY.
(a) ESTABLISHMENT.—The Central Intelligence Agency Act of
1949 (50 U.S.C. 3501 et seq.), as amended by section 601, is further
amended by adding at the end the following new section:
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50 USC 3529.
‘‘SEC. 28. MEDICAL ADVISORY BOARD.
Recommendations.
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‘‘(a) ESTABLISHMENT.—The Director shall establish within the
Agency a medical advisory board (in this section referred to as
the ‘Board’).
‘‘(b) DUTIES.—The Board shall—
‘‘(1) conduct a study on the Office of Medical Services
of the Agency, and submit reports regarding such study, in
accordance with subsection (c); and
‘‘(2) upon request, provide advice and guidance in connection with any independent review of the Office conducted by
an inspector general.
‘‘(c) STUDY.—
‘‘(1) OBJECTIVES.—In conducting the study under subsection
(b)(1), the Board shall seek to—
‘‘(A) contribute to the modernization and reform of
the Office of Medical Services;
‘‘(B) ensure that the activities of the Office are of
the highest professional quality; and
‘‘(C) ensure that all medical care provided by the Office
is provided in accordance with the highest professional
medical standards.
‘‘(2) REPORTS.—The Board shall submit to the congressional
intelligence committees, in writing—
‘‘(A) interim reports on the study; and
‘‘(B) a final report on the study, which shall—
‘‘(i) set forth in detail the findings of the study
and the recommendations of the Board, based on such
findings and taking into consideration the objectives
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 993
under paragraph (1), regarding any changes to the
activities of the Office of Medical Services; and
‘‘(ii) include, as applicable, any additional or dissenting views submitted by a member of the Board.
‘‘(d) MEMBERSHIP.—
‘‘(1) NUMBER AND APPOINTMENT.—The Board shall be composed of 9 members, appointed as follows:
‘‘(A) 1 member appointed by the Speaker of the House
of Representatives.
‘‘(B) 1 member appointed by the minority leader of
the House of Representatives.
‘‘(C) 1 member appointed by the majority leader of
the Senate.
‘‘(D) 1 member appointed by the minority leader of
the Senate.
‘‘(E) 1 member appointed by the Chairman of the
Permanent Select Committee on Intelligence of the House
of Representatives.
‘‘(F) 1 member appointed by the ranking minority
member of the Permanent Select Committee on Intelligence
of the House of Representatives.
‘‘(G) 1 member appointed by the Chairman of the Select
Committee on Intelligence of the Senate.
‘‘(H) 1 member appointed by the Vice Chairman of
the Select Committee on Intelligence of the Senate.
‘‘(I) 1 member appointed by the Director of National
Intelligence.
‘‘(2) CHAIRPERSON.—During the first meeting under subsection (e)(1), the members of the Board shall elect a Chairperson of the Board. In addition to meeting the criteria under
paragraph (3), the Chairperson may not be an employee, or
former employee, of the Agency.
‘‘(3) CRITERIA.—The members appointed under paragraph
(1) shall meet the following criteria:
‘‘(A) Each member shall be a recognized expert in
at least 1 medical field, as demonstrated by appropriate
credentials.
‘‘(B) Each member shall possess significant and diverse
medical experience, including clinical experience.
‘‘(C) Each member shall be eligible to hold an appropriate security clearance.
‘‘(4) TERMS.—
‘‘(A) IN GENERAL.—Each member, including the Chairperson, shall be appointed or elected, as applicable, for
the life of the Board.
‘‘(B) VACANCIES.—Any vacancy in the Board occurring
prior to the expiration of the term under subparagraph
(A) shall be filled in the manner in which the original
appointment or election was made.
‘‘(5) COMPENSATION AND TRAVEL EXPENSES.—
‘‘(A) COMPENSATION.—Except as provided in subparagraph (B), each member of the Board, including the Chairperson, 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
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Time periods.
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Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
during which that member is engaged in the actual
performance of the duties under subsection (b).
‘‘(B) EXCEPTION FOR FEDERAL EMPLOYEES.—Members
of the Board, including the Chairperson, who are officers
or employees of the United States shall receive no additional pay by reason of the service of the member on
the Board.
‘‘(C) TRAVEL EXPENSES.—Each member of the Board,
including the Chairperson, while away from the home or
regular places of business of the member in the performance of services for the Board, may be allowed travel
expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in
the Government service are allowed expenses under section
5703 of title 5, United States Code.
‘‘(6) DETAILEES.—
‘‘(A) IN GENERAL.—Upon request of the Board, the
Director of National Intelligence may detail to the Board,
without reimbursement from the Board, any of the personnel of the Office of the Director of National Intelligence
to assist in carrying out the duties under subsection (b).
Any such detailed personnel shall retain the rights, status,
and privileges of the regular employment of the personnel
without interruption.
‘‘(B) CLEARANCE.—Any personnel detailed to the Board
under subparagraph (A) shall possess a security clearance
in accordance with applicable laws and regulations concerning the handling of classified information.
‘‘(e) MEETINGS.—
‘‘(1) BOARD MEETINGS.—The Board shall meet not less frequently than on a quarterly basis.
‘‘(2) MEETINGS WITH CONGRESS.—The Board shall meet with
the congressional intelligence committees on a biannual basis.
‘‘(f) INFORMATION ACCESS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Board may secure directly from any department or agency
of the United States Government information necessary to
enable it to carry out the duties under subsection (b) and,
upon request of the Chairperson of the Board, the head of
that department or agency shall furnish such information to
the Board.
‘‘(2) EXCEPTION.—The Director (without delegation) may
deny a request for information made by the Board pursuant
to paragraph (1), regardless of the agency from which such
information is requested.
‘‘(3) NOTIFICATION REQUIREMENT.—If the Director denies
a request under paragraph (2), not later than 15 days after
the date of such denial, the Director shall submit to the congressional intelligence committees a written notification of such
denial.
‘‘(4) BRIEFINGS.—The Director shall ensure that the Board
receives comprehensive briefings on all activities of the Office
of Medical Services, including by promptly scheduling such
briefings at the request of the Board.
‘‘(g) TERMINATION.—The Board shall terminate on the date
that is 5 years after the date of the first meeting of the Board.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 995
‘‘(h) DEFINITIONS.—In this section, the terms ‘congressional
intelligence committees’ and ‘intelligence community’ have the
meanings given such terms in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).’’.
(b) DEADLINE FOR APPOINTMENTS; FIRST MEETINGS.—
(1) DEADLINE FOR APPOINTMENTS.—Each member of the
medical advisory board established under section 28 of the
Central Intelligence Agency Act of 1949 (as added by subsection
(a)), including the Chairperson, shall be appointed or elected,
as applicable, in accordance with subsection (d) of such section
by not later than 45 days after the date of the enactment
of this Act.
(2) FIRST BOARD MEETING.—Not later than 30 days after
the first date on which at least 5 members of the Board
described in paragraph (1) hold the security clearance and
are able to access information in accordance with subsection
(d)(3)(C) of such section 28, the Board shall meet. During such
meeting, the Director of the Central Intelligence Agency shall
provide to the Board a comprehensive briefing on all aspects
of the Office of Medical Services of the Central Intelligence
Agency.
(3) FIRST MEETING WITH CONGRESS.—Not later than 30
days after the date of the briefing under paragraph (2), the
Board described in such paragraph shall meet with the staff
members of the congressional intelligence committees to discuss
topics for the Board to examine in carrying out the duties
under subsection (b) of such section 28.
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SEC.
603.
CLARIFICATION OF EFFECT OF CERTAIN
RELATING TO INJURIES TO THE BRAIN.
50 USC 3529
note.
BENEFITS
(a) PERSONNEL OF CENTRAL INTELLIGENCE AGENCY.—Section
19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b(d)) is amended by adding at the end the following new
paragraph:
‘‘(5) NO EFFECT ON OTHER BENEFITS.—Payments made
under paragraph (2) are supplemental to any other benefit
furnished by the United States Government for which a covered
dependent, covered employee, or covered individual is entitled,
and the receipt of such payments may not affect the eligibility
of such a person to any other benefit furnished by the United
States Government.’’.
(b) PERSONNEL OF DEPARTMENT OF STATE.—Section 901(i) of
title IX of division J of the Further Consolidated Appropriations
Act, 2020 (22 U.S.C. 2680b(i)) is amended by adding at the end
the following new paragraph:
‘‘(5) NO EFFECT ON OTHER BENEFITS.—Payments made
under paragraph (2) are supplemental to any other benefit
furnished by the United States Government for which a covered
dependent, dependent of a former employee, covered employee,
former employee, or covered individual is entitled, and the
receipt of such payments may not affect the eligibility of such
a person to any other benefit furnished by the United States
Government.’’.
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136 STAT. 996
50 USC 3334j.
50 USC 3334k.
SEC. 605. REPORT ON PROTOCOLS FOR CERTAIN INTELLIGENCE
COMMUNITY EMPLOYEES AND DEPENDENTS.
President.
(a) IN GENERAL.—Beginning not later than 180 days after the
date of enactment of this Act, the President shall develop, for
uniform implementation across the elements of the intelligence
community, each of the protocols described in subsections (c)
through (f). Such protocols shall be subject to review and revision
on a periodic basis, and any implementation of such protocols shall
be conducted in accordance with applicable laws and current clinical
and professional practices of the interagency medical community.
(b) PRIVACY.—No data collected pursuant to any protocol under
this section may be used for research or analytical purposes without
the written consent of the individual from whom such data was
collected with respect to such use.
(c) PROTOCOL ON BASELINE MEDICAL TESTING.—The protocol
described in this subsection is a protocol for conducting voluntary
baseline medical testing of covered employees, covered individuals,
and the dependents of covered employees who are included on
the overseas travel orders of the covered employee. Such protocol
shall set forth the required elements of such baseline medical
testing, such as—
(1) standard lab collection and testing of relevant biofluids;
(2) the conduct of relevant visual and auditory examinations;
(3) the conduct of Acquired Brain Injury Tool assessments,
or other relevant assessments for balance, eye motion, and
cognition;
(4) the assessment of relevant medical histories; and
(5) the conduct of any other standard relevant medical
or neurological examinations, testing, or assessments.
(d) PROTOCOLS ON POST-INCIDENT MEDICAL TESTING.—The
protocols described in this subsection are protocols to enable voluntary medical testing and the coordination of treatment for covered
Review.
Examinations.
Assessments.
Assessment.
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SEC. 604. ACCESS TO CERTAIN FACILITIES OF UNITED STATES
GOVERNMENT FOR ASSESSMENT OF ANOMALOUS HEALTH
CONDITIONS.
(a) ASSESSMENT.—The Director of National Intelligence shall
ensure that the elements of the intelligence community provide
to individuals described in subsection (c) who are experiencing
symptoms of anomalous health conditions timely access for medical
assessment to facilities of the United States Government with expertise in traumatic brain injury.
(b) PROCESS FOR ASSESSMENT AND TREATMENT.—In carrying
out subsection (a), the Director of National Intelligence shall coordinate with the Secretary of Defense and the heads of such Federal
agencies as the Director considers appropriate to ensure that, by
not later than 60 days after the date of the enactment of this
Act, there is a process to provide the individuals described in
subsection (c) with timely access to the National Intrepid Center
of Excellence, an Intrepid Spirit Center, or an appropriate medical
treatment facility for assessment as described in subsection (a)
and, if necessary, treatment.
(c) INDIVIDUALS DESCRIBED.—The individuals described in this
subsection are employees of elements of the intelligence community
and the dependents or other immediate family members of such
employees.
Coordination.
Deadline.
Coordination.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 997
employees, covered individuals, and the dependents of covered
employees, following a reported anomalous health incident, such
as—
(1) a protocol that sets forth elements, similar to the elements described in subsection (c), of such testing;
(2) a protocol pertaining to the voluntary testing and treatment for victims of anomalous health incidents who are children;
(3) a protocol for ensuring that all victims of anomalous
health incidents receive access to prompt and consistent medical
treatment, including from medical professionals holding appropriate security clearances and medical professionals with expertise in child care;
(4) a protocol for ensuring that all victims of anomalous
health incidents are offered options for psychological treatment
for the effects of such incidents; and
(5) a protocol for ensuring that any testing, evaluation,
or collection of biofluids or other samples following a reported
anomalous health incident may be compared against the baseline for the victim of the anomalous health incident, to the
extent the individual participated in the baseline medical
testing, consistent with subsections (b) and (c).
(e) PROTOCOL ON INFORMATION COLLECTION, STORAGE, AND
SAFEGUARDING.—The protocol described in this subsection is a protocol for the collection, storage, and safeguarding of information
acquired as a result of the protocols described in subsections (c)
and (d).
(f) PROTOCOL ON REPORTING MECHANISMS.—The protocol
described in this subsection is a protocol for the reporting of matters
relating to anomalous health incidents by covered employees, covered individuals, and the dependents of covered employees,
including the development of a system for the adjudication of complaints regarding medical treatment received by such covered
employees, covered individuals, and dependents of covered
employees.
(g) REPORT AND BRIEFINGS.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a
report on the protocols described in subsections (c) through
(f).
(2) ELEMENTS.—Such report shall include the following elements:
(A) A copy of each protocol under this section.
(B) A description of the following:
(i) Any interagency agreements, authorities, or
policies required to effectively implement the protocols
under this section.
(ii) Any new facilities, medical equipment, tools,
training, or other resources required to effectively
implement such protocols.
(C) A timeline for the implementation of the protocols
under this section, including a proposal for the
prioritization of implementation with respect to various
categories of covered employees and the dependents of covered employees.
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Timeline.
Proposal.
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136 STAT. 998
PUBLIC LAW 117–103—MAR. 15, 2022
(3) BRIEFING.—Not later than 60 days following the date
of submission of the report under paragraph (1), and biannually
thereafter, the Director shall provide to the appropriate congressional committees a briefing regarding the implementation of
the protocols under this section.
(h) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House
of Representatives and the Senate.
(2) COVERED EMPLOYEE.—The term ‘‘covered employee’’
means an individual who is an employee, assignee, or detailee
of an element of the intelligence community.
(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’
means a contractor to an element of the intelligence community.
(4) DEPENDENT OF A COVERED EMPLOYEE.—The term
‘‘dependent of a covered employee’’ means, with respect to a
covered employee, a family member (including a child), as
defined by the Director of National Intelligence.
(5) VICTIM OF AN ANOMALOUS HEALTH INCIDENT.—The term
‘‘victim of an anomalous health incident’’ means a covered
employee, covered individual, or dependent of a covered
employee, who is, or is suspected to have been, affected by
an anomalous health incident.
Deadline.
Time period.
SEC. 606. INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY
INSPECTION OF OFFICE OF MEDICAL SERVICES.
Deadline.
Coordination.
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Assessment.
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(a) INSPECTION.—Not later than one year after the date of
the enactment of this Act, the Inspector General of the Central
Intelligence Agency, in coordination with, and with the support
of, the Inspector General of the Intelligence Community, shall
submit to the congressional intelligence committees a report containing an inspection of the responsibilities, authorities, resources,
and performance of the Office of Medical Services of the Central
Intelligence Agency (in this section referred to as the ‘‘Office’’).
(b) MATTERS INCLUDED.—The inspection under subsection (a)
shall include the following:
(1) A detailed description of the responsibilities and
authorities of the Office, as set forth in Federal law and any
applicable regulation, policy, or other document of the Central
Intelligence Agency.
(2) A detailed description of the budgetary, human, and
other resources available to the Office, including with respect
to employees and any other personnel.
(3) An assessment of the ability of the Office to consistently
discharge the responsibilities of the Office, with an emphasis
on the provision of medical treatment and care by personnel
of the Office, including with respect to—
(A) the roles of personnel of the Office, and of senior
officials of the Agency outside of the Office, in determining
what medical evaluation, treatment, and care should be
provided in a particular case, including the provision of
specialty care by medical personnel outside of the Office;
(B) whether personnel of the Office consistently provide
appropriate and high-quality medical treatment and care
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 999
in accordance with standards set independently by the
professional medical community;
(C) whether the Office has sufficient human and other
resources, including personnel with specialized background,
qualifications, or expertise, to consistently provide highquality medical treatment and care in accordance with
standards set independently by the professional medical
community;
(D) whether personnel of the Office, including personnel claiming specialized medical backgrounds and expertise, are required by the Agency to maintain current board
certifications or other certifications and licenses, and the
extent to which the Office verifies such certifications and
licenses;
(E) the extent to which the Office makes consistent
and effective use of the specialized medical background,
qualifications, and expertise of the personnel of the Office
in providing medical treatment and care;
(F) an assessment of whether personnel of the Office
who provide medical treatment and care, or who make
decisions with respect to such treatment or care, are
required to have extensive clinical or other experience in
directly treating patients, including in areas requiring
specialized background, qualifications, or expertise;
(G) any factors that have frustrated or delayed the
provision of medical treatment and care by personnel of
the Office in significant cases; and
(H) any factors that have frustrated or could frustrate
prompt detection, effective oversight, and swift remediation
of problems within the Office, including such factors that
frustrate or delay the provision of medical treatment and
care in significant cases.
(c) INDEPENDENT ADVICE.—In conducting the inspection under
subsection (a), the Inspector General may obtain the advice of
the medical advisory board established under section 28 of the
Central Intelligence Agency Act of 1949 (as added by section 602).
(d) FORM.—The report under subsection (a) shall be submitted
in an unclassified form to the extent practicable, consistent with
the protection of intelligence sources and methods, but may include
a classified annex.
Verification.
Assessment.
TITLE VII—MATTERS RELATING TO
FOREIGN COUNTRIES
Subtitle A—Matters Relating to China
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SEC. 701. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS
AND CAMPAIGNS IN THE UNITED STATES BY THE CHINESE
COMMUNIST PARTY.
Section 1107(b) of the National Security Act of 1947 (50 U.S.C.
3237(b)) is amended—
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new paragraph:
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136 STAT. 1000
‘‘(9) A listing of all known Chinese talent recruitment programs operating in the United States as of the date of the
report.’’.
List.
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Deadline.
Consultation.
Determination.
Analysis.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 702. ASSESSMENT OF GENOMIC COLLECTION BY CHINA.
(a) ASSESSMENT SUBMITTED TO CONGRESSIONAL INTELLIGENCE
COMMITTEES.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of other entities of
the United States Government the Director determines appropriate, shall submit to the congressional intelligence committees
an assessment of the plans, intentions, capabilities, and
resources of China devoted to biotechnology, and the objectives
underlying those plans, intentions, capabilities, and resources.
(2) ELEMENTS.—The assessment under paragraph (1) shall
include—
(A) a detailed analysis of efforts undertaken by China
to acquire foreign-origin biotechnology, research and
development, and genetic information, including technology
owned by United States companies, research by United
States institutions, and the genetic information of United
States citizens;
(B) identification of China-based organizations conducting or directing efforts described in subparagraph (A),
including information about the ties between those
organizations and the Chinese government, the Chinese
Communist Party, or the People’s Liberation Army; and
(C) a detailed analysis of the resources of the intelligence community devoted to biotechnology, including synthetic biology and genomic-related issues, and a plan to
improve understanding of these issues and ensure the intelligence community has the requisite expertise.
(3) FORM.—The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) ASSESSMENT SUBMITTED TO CERTAIN OTHER COMMITTEES.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of other entities of
the United States Government the Director determines appropriate, shall submit to the appropriate congressional committees an assessment of the plans, intentions, capabilities, and
resources of China devoted to biotechnology, and the objectives
underlying those plans, intentions, capabilities, and resources.
(2) ELEMENTS.—The assessment required by paragraph (1)
shall include the elements described in subparagraphs (A) and
(B) of subsection (a)(2).
(3) FORM.—The assessment under paragraph (1) shall be
submitted in unclassified form.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services, the Committee
on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and
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(B) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Foreign
Affairs of the House of Representatives.
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SEC. 703. REPORT ON THREAT POSED BY EMERGING CHINESE TECHNOLOGY COMPANIES.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for Intelligence and Analysis and the Director of the Federal Bureau of
Investigation, and consistent with the protection of intelligence
sources and methods, shall submit to the appropriate congressional
committees a report on the threat to the economic and security
interests of the United States posed by emerging Chinese technology
companies.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) An assessment of the threat to the economic and security interests of the United States posed by emerging Chinese
technology companies, including with respect to—
(A) the practices of such companies and the relationships of such companies to the government of China and
the Chinese Communist Party;
(B) the extent to which such companies benefit from
government financing or contracting vehicles outside of
China;
(C) the extent to which such companies facilitate the
targeting of dissidents and other vulnerable populations;
(D) the market penetration of such companies among
allies and strategic partners of the United States;
(E) the security of the communications, data, and
commercial interests of consumer and commercial endusers of the products of such companies; and
(F) the privacy interests of such consumers and
commercial end-users.
(2) An assessment of the ability of the United States to
counter any such threat, including with respect to different
tools that could counter such a threat.
(c) FORM.—The report under subsection (a) may be submitted
in classified form, but if so submitted shall include an unclassified
executive summary.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
(B) the Committees on Armed Services of the House
of Representatives and the Senate;
(C) the Subcommittees on Commerce, Justice, Science,
and Related Agencies and the Subcommittees on Financial
Services and General Government of the Committees on
Appropriations of the House of Representatives and the
Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) EMERGING CHINESE TECHNOLOGY COMPANIES.—The term
‘‘emerging Chinese technology companies’’ means a Chinese
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Consultation.
Assessments.
Summary.
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technology company, including a company listed on the Science
and Technology Innovation Board of the Shanghai Stock
Exchange, that the Assistant Secretary of the Treasury for
Intelligence and Analysis determines poses a significant threat
to the national security of the United States.
SEC. 704. REPORT AND BRIEFING ON COOPERATION BETWEEN CHINA
AND UNITED ARAB EMIRATES.
Consultation.
Determination.
Time period.
Assessment.
Certification.
Summary.
(a) REQUIREMENT.—Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence,
in consultation with the heads of elements of the intelligence
community that the Director determines appropriate, and consistent
with the protection of intelligence sources and methods, shall provide to the appropriate congressional committees a briefing, and
submit to the appropriate congressional committees a report, containing the following:
(1) Details on the cooperation between China and the
United Arab Emirates regarding defense, security, technology,
and other strategically sensitive matters that implicate the
national security interests of the United States.
(2) The most recent (as of the date of the report or briefing,
as the case may be) quarterly assessment by the intelligence
community of measures that the United Arab Emirates has
implemented to safeguard technology of the United States and
the reliability of any assurances by the United Arab Emirates
(with respect to both current assurances and assurances being
considered as of such date).
(3) A certification by the Director regarding whether such
assurances described in paragraph (2) are viable and sufficient
to protect technology of the United States from being transferred to China or other third parties.
(b) FORM.—The report under subsection (a) may be submitted
in classified form, but if so submitted shall include an unclassified
executive summary.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(3) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
SEC. 705. REPORT ON CREATION OF OFFICIAL DIGITAL CURRENCY
BY CHINA.
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President.
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(a) REPORT.—Not later than 1 year after the date of the enactment of this Act, the President, consistent with the protection
of intelligence sources and methods, shall transmit to the appropriate congressional committees a report on the short-, medium, and long-term national security risks associated with the creation
and use of the official digital renminbi of China, including—
(1) risks arising from potential surveillance of transactions;
(2) risks relating to security and illicit finance; and
(3) risks relating to economic coercion and social control
by China.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Financial Services, the Committee
on Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
SEC. 706. REPORT ON INFLUENCE OF CHINA THROUGH BELT AND
ROAD INITIATIVE PROJECTS WITH OTHER COUNTRIES.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
on recent projects negotiated by China with other countries as
part of the Belt and Road Initiative of China. The Director shall
include in the report information about the types of such projects,
costs of such projects, and the potential national security implications of such projects.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate;
and
(3) the Committee on Foreign Affairs of the House of Representatives.
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SEC. 707. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO
ERODE FREEDOM AND AUTONOMY IN HONG KONG.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
on efforts of the Chinese Communist Party to stifle political freedoms in Hong Kong, influence or manipulate the judiciary of Hong
Kong, destroy freedom of the press and speech in Hong Kong,
and take actions to otherwise undermine the democratic processes
of Hong Kong.
(b) CONTENTS.—The report submitted under subsection (a) shall
include an assessment of the implications of the efforts of the
Chinese Communist Party described in such subsection for international business, investors, academic institutions, and other
individuals operating in Hong Kong.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on Financial Services of the House of Representatives.
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Assessments.
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 708. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
assessing the efforts and advancements of China in the wind power,
solar power, and electric vehicle battery production sectors (or key
components of such sectors).
(b) CONTENTS.—The report under subsection (b) shall include
the following:
(1) An assessment of how China is targeting rare earth
minerals and the effect of such targeting on the sectors
described in subsection (a).
(2) Details of the use by the Chinese Communist Party
of state-sanctioned forced labor schemes, including forced labor
and the transfer of Uyghurs and other ethnic groups, and
other human rights abuses in such sectors.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate;
and
(3) the Committee on Foreign Affairs of the House of Representatives.
Subtitle B—Matters Relating to Other
Countries
SEC. 711. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN AFGHANISTAN AND RELATED REGION.
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Time period.
Effective date.
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(a) REQUIREMENT.—The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan and the covered region.
(b) MATTERS.—The National Intelligence Estimate produced
under subsection (a) shall include, with respect to the 2-year period
beginning on the date on which the Estimate is produced, an
assessment of the following:
(1) The presence in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban,
military presence in the covered region, economic presence in
the covered region, and diplomatic presence in the covered
region) of China, Iran, Pakistan, Russia, and any other foreign
country determined relevant by the Director, respectively, and
an assessment of the potential risks, or benefits, of any such
presence, contributions, or relations.
(2) Any change in the threat to the United States homeland
or United States entities abroad as a result of the withdrawal
of the Armed Forces from Afghanistan on August 31, 2021,
including an assessment of the risk of al-Qaeda or any affiliates
thereof, the Islamic State of Iraq and ash Sham-Khorasan
or any affiliates thereof, or any other similar international
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1005
terrorist group, using Afghanistan as a safe haven for launching
attacks on the United States and its interests abroad.
(3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the
ability of the United States Government to influence the policies
of such governing body on the following:
(A) Counterterrorism.
(B) Counternarcotics.
(C) Human rights (particularly regarding women and
girls and traditionally targeted ethnic groups).
(D) The treatment and safe transit of Afghans holding
special immigrant visa status under section 602 of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note)
and other Afghans who, during the period beginning in
2001, assisted efforts of the United States in Afghanistan
or the covered region.
(4) The effect on the covered region, and Europe, of refugees
leaving Afghanistan.
(5) The commitments of the Taliban relating to counterterrorism, including an assessment of—
(A) whether such commitments required under the
agreement entered into between the United States Government and the Taliban in February 2020, have been tested,
or will be tested during the 2-year period covered by the
Estimate, and what such commitments entail;
(B) whether any additional commitments relating to
counterterrorism agreed to by the Taliban pursuant to
subsequent negotiations with the United States Government following February 2020, have been tested, or will
be tested during the 2-year period covered by the Estimate,
and, if applicable, what such commitments entail;
(C) any benchmarks against which the Taliban are
to be evaluated with respect to commitments relating to
counterterrorism; and
(D) the intentions and capabilities of the Taliban with
respect to counterterrorism (as such term is understood
by the United States and by the Taliban, respectively),
including the relations of the Taliban with al-Qaeda or
any affiliates thereof, the Islamic State of Iraq and ash
Sham-Khorasan or any affiliates thereof, or any other
similar international terrorist group.
(c) SUBMISSION TO CONGRESS.—
(1) SUBMISSION.—Not later than one year after the date
of the enactment of this Act, the Director shall submit to
the appropriate congressional committees the National Intelligence Estimate produced under subsection (a). In so submitting the Estimate to the congressional intelligence committees,
the Director shall include all intelligence reporting underlying
the Estimate.
(2) FORM.—The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) PUBLIC VERSION.—Consistent with the protection of intelligence sources and methods, at the same time as the Director
submits to the appropriate congressional committees the National
Intelligence Estimate under subsection (c), the Director shall make
publicly available on the internet website of the Director an
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Assessment.
Assessment.
Classified
information.
Web posting.
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PUBLIC LAW 117–103—MAR. 15, 2022
unclassified version of the key findings of the National Intelligence
Estimate.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House
of Representatives and the Senate.
(2) COVERED REGION.—The term ‘‘covered region’’ includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries, including
Qatar, Saudi Arabia, the United Arab Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(3) UNITED STATES ENTITY.—The term ‘‘United States
entity’’ means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility, or
personnel of the United States Government.
SEC. 712. REPORT ON INTELLIGENCE COLLECTION POSTURE AND
OTHER MATTERS RELATING TO AFGHANISTAN AND
RELATED REGION.
Consultation.
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Assessments.
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(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of elements of the intelligence community determined relevant by the Director, shall submit to the
congressional intelligence committees a report on the collection
posture of the intelligence community and other matters relating
to Afghanistan and the covered region.
(b) MATTERS.—The report under subsection (a) shall include
the following:
(1) A detailed description of the collection posture of the
intelligence community with respect to Afghanistan, including
with respect to the following:
(A) The countering of terrorism threats that are
directed at the United States homeland or United States
entities abroad.
(B) The finances of the Taliban, including financial
and nonfinancial contributions to the Taliban from foreign
countries (particularly from China, Iran, Russia, and any
other foreign country in the Arab Gulf region (or elsewhere)
determined relevant by the Director, respectively).
(C) The detection, and prevention of, any increased
threat to the United States homeland or United States
entities abroad as a result of the withdrawal of the United
States Armed Forces from Afghanistan on August 31, 2021,
including any such increased threat resulting from alQaeda or any affiliates thereof, the Islamic State of Iraq
and ash Sham-Khorasan or any affiliates thereof, or any
other similar international terrorist group, using Afghanistan as a safe harbor.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1007
(2) A detailed description of any plans, strategies, or efforts
to improve the collection posture described in paragraph (1)(A),
including by filling any gaps identified pursuant to such paragraph.
(3) An assessment of the effect of publicly documenting
abuses engaged in by the Taliban, and a description of the
efforts of the intelligence community to support other departments and agencies in the Federal Government with respect
to the collection and documentation of such abuses.
(4) An assessment of the relationship between the intelligence community and countries in the covered region,
including an assessment of the following:
(A) Intelligence and information sharing with such
countries.
(B) Any change in the collection posture of the intelligence community with respect to the nuclear activities
of such countries as a result of the withdrawal of the
United States Armed Forces from Afghanistan on August
31, 2021.
(C) The collection posture of the intelligence community
with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in
Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of
the intelligence community regarding the potential risks,
or benefits, of any such presence, contributions, or relations.
(D) The ability of the intelligence community to use
the airspace of any such countries.
(5) An assessment of any financial contributions to the
Taliban from foreign countries (particularly from China, Iran,
Russia, and any other foreign country in the Arab Gulf region
(or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the
United States Armed Forces from Afghanistan on August 31,
2021.
(c) FORM.—The report under subsection (a) may be submitted
in classified form, but shall include an unclassified summary.
(d) BIANNUAL UPDATES.—On a biannual basis during the 5year period following the date of the submission of the report
under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the
congressional intelligence committees an update to such report.
(e) DEFINITIONS.—In this section:
(1) COVERED REGION.—The term ‘‘covered region’’ includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries, including
Qatar, Saudi Arabia, the United Arab Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
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Consultation.
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PUBLIC LAW 117–103—MAR. 15, 2022
(2) UNITED STATES ENTITY.—The term ‘‘United States
entity’’ means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility, or
personnel of the United States Government.
SEC. 713. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES
FROM SAUDI ARABIA.
Consultation.
(a) REPORT.—Not later than May 30, 2022, the Director of
National Intelligence, in consultation with other relevant Federal
departments and agencies, and consistent with the protection of
intelligence sources and methods, shall submit to the appropriate
congressional committees a report on the threat of extremist
ideologies propagated from Saudi Arabia and the failure of the
Government of Saudi Arabia to prevent the propagation of such
ideologies. Such report shall include a detailed description of—
(1) the role of governmental and nongovernmental entities
and individuals of Saudi Arabia in promoting, funding, and
exporting ideologies, including so-called ‘‘Wahhabist ideology’’,
that inspire extremism or extremist groups in other countries;
and
(2) the practical and strategic consequences for vital
national security interests of the United States as a result
of such promotion, funding, or export.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(3) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
SEC. 714. REPORT ON LIKELIHOOD OF MILITARY ACTION BY COUNTRIES OF THE SOUTH CAUCASUS.
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(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
assessing the likelihood of a South Caucasus country taking military
action against another country (including in Nagorno-Karabakh
or any other disputed territory). Such report shall include an indication of the strategic balance in the region, including with respect
to the offensive military capabilities of each South Caucasus
country.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives;
and
(C) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1009
(2) SOUTH CAUCASUS COUNTRY.—The term ‘‘South Caucasus
country’’ means any of the following:
(A) Armenia.
(B) Azerbaijan.
(C) Georgia.
SEC. 715. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE TIES.
(a) REPORT.—Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence, consistent with the protection of intelligence sources and methods,
and in consultation with the heads of other departments and agencies of the United States Government as the Director determines
appropriate, shall submit to the appropriate congressional committees a report on Nord Stream II efforts, including—
(1) an unclassified list of all companies supporting the
Nord Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream’s Chief Executive Officer and Russian, East German, or other hostile intelligence agencies.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Financial Services,
the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Consultation.
Determination.
Update.
Assessment.
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SEC. 716. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION
AND RESEARCH ACTIVITIES.
(a) ASSESSMENT.—Not later than 120 days after the date of
the enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
and in consultation with the heads of other departments and agencies of the United States Government as the Director determines
appropriate, shall submit to the appropriate congressional committees an assessment of the activities and objectives of the Organization of Defensive Innovation and Research. The Director shall
include in the assessment information about the composition of
the organization, the relationship of the personnel of the organization to any research on weapons of mass destruction, and any
sources of financial and material support that such organization
receives, including from the Government of Iran.
(b) FORM.—The assessment under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
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(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Consultation.
Assessments.
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SEC. 717. REPORT ON EFFECTS OF ECONOMIC SANCTIONS BY UNITED
STATES.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Assistant Secretary of the Treasury for Intelligence and Analysis, shall submit to the appropriate congressional
committees a report on the effects of economic sanctions imposed
by the United States.
(b) MATTERS INCLUDED.—The report under subsection (a)
shall—
(1) cover entities, individuals, and governments that the
Director, in consultation with the Assistant Secretary of the
Treasury for Intelligence and Analysis, determines appropriate
as case studies for the purposes of the report, including with
respect to China and Iran; and
(2) include—
(A) an assessment of whether economic sanctions
imposed by the United States on entities, individuals, or
governments have constrained, modified, or otherwise
affected the ability of the individuals, entities, or governments to continue the activities for which they were sanctioned; and
(B) an assessment of the effectiveness of imposing additional sanctions.
(c) FORM.—The report under subsection (a) may be submitted
in classified form, but if so submitted shall include an unclassified
executive summary.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Subcommittees on Financial Services and General
Government of the Committees on Appropriations of the House
of Representatives and the Senate;
(3) the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives;
and
(4) the Committee on Foreign Relations and the Committee
on Commerce, Science, and Transportation of the Senate.
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136 STAT. 1011
TITLE VIII—REPORTS AND OTHER
MATTERS
Subtitle A—Matters Relating to Personnel
SEC. 801. PERIODIC REPORT ON POSITIONS IN INTELLIGENCE COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS TO
CLASSIFIED INFORMATION, NETWORKS, OR FACILITIES.
Section 6610 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3352e) is amended—
(1) by striking ‘‘this Act and not less frequently than once
every 5 years thereafter,’’ and inserting ‘‘this Act, and biennially
thereafter,’’; and
(2) by adding at the end the following new sentence: ‘‘Such
report shall take into account the potential effect of maintaining
continuity of operations during a covered national emergency
(as defined by section 303 of the Intelligence Authorization
Act for Fiscal Year 2021 (division W of Public Law 116–260))
and the assessed needs of the intelligence community to maintain such continuity of operations.’’.
SEC. 802. IMPROVEMENTS TO ANNUAL REPORT ON DEMOGRAPHIC
DATA OF EMPLOYEES OF INTELLIGENCE COMMUNITY.
Section 5704(c) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3334b(c)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘After
making available a report under subsection (b), the Director
of National Intelligence shall annually provide a report’’ and
inserting ‘‘Not later than March 31 of each year, the Director
of National Intelligence shall provide a report’’; and
(2) by striking paragraph (1) and inserting the following
new paragraph:
‘‘(1) demographic data and information on the status of
diversity and inclusion efforts of the intelligence community,
including demographic data relating to—
‘‘(A) the average years of service;
‘‘(B) the average number of years of service for each
level in the General Schedule, Senior Executive Service,
Senior Intelligence Service, or equivalent; and
‘‘(C) career categories;’’.
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SEC. 803. PLAN FOR AUTHORITY TO ENTER INTO CONTRACTS WITH
PROVIDERS OF SERVICES RELATING TO SENSITIVE
COMPARTMENTED INFORMATION FACILITIES.
(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a plan
for providing elements of the intelligence community with the
authority to enter into contracts with providers of services relating
to sensitive compartmented information facilities for the providers
to facilitate the use of such facilities by businesses and organizations
performing work, at multiple security levels, in such facilities pursuant to contracts with the element.
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Guidance.
Definitions.
PUBLIC LAW 117–103—MAR. 15, 2022
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) An explanation of how the Director of National Intelligence will leverage the contracting methodology of the
National Reconnaissance Office for leasing sensitive compartmented information facilities, or space therein, to businesses
and organizations.
(2) Policy and budget guidance to incentivize the heads
of the elements of the intelligence community to implement
such plan.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 804. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
AUTHORITY.
Deadline.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security and the Director of National Intelligence
shall jointly submit to the appropriate congressional committees
a study on the utility of providing elements of the intelligence
community of the Department of Defense, other than the National
Geospatial-Intelligence Agency, personnel management authority
to attract experts in science and engineering under section 4092
of title 10, United States Code.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 805. REPORT ON PROSPECTIVE ABILITY TO ADMINISTER COVID–
19 VACCINES AND OTHER MEDICAL INTERVENTIONS TO
CERTAIN INTELLIGENCE COMMUNITY PERSONNEL.
Consultation.
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Assessments.
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(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and
the Under Secretary of Defense for Intelligence and Security, in
consultation with the elements of the intelligence community and
relevant public health agencies of the United States, shall jointly
develop and submit to the appropriate congressional committees
a report on the prospective ability of the intelligence community
to administer COVID–19 vaccines, and such other medical interventions as may be relevant in the case of a future covered national
emergency, to covered personnel (particularly with respect to essential covered personnel and covered personnel deployed outside of
the United States).
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include an assessment of the following:
(1) The prospective ability of the elements of the intelligence community to administer COVID–19 vaccines (including
subsequent booster shots for COVID–19), to covered personnel,
and whether additional authorities or resources are necessary
for, or may otherwise facilitate, such administration.
(2) The potential risks and benefits of granting the additional authorities or resources described in paragraph (1) to
the Director, the Under Secretary, or both.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1013
(3) With respect to potential future covered national emergencies, including future outbreaks of an infectious pandemic
disease or similar public health emergencies, the following:
(A) The ability of the intelligence community to ensure
the timely administration of medical interventions to covered personnel during the covered national emergency.
(B) Whether additional authorities or resources are
necessary to ensure, or may otherwise facilitate, such
timely administration, including with respect to the ability
of the Director or Under Secretary to provide an alternative
means of access to covered personnel with reduced access
to the interventions provided by the respective element.
(C) The potential risks and benefits of granting the
additional authorities or resources described in subparagraph (B) to the Director, the Under Secretary, or both.
(4) A summary of the findings of the survey under subsection (c).
(c) SURVEY.—Not later than 120 days after the date of the
enactment of this Act, and prior to submitting the report under
subsection (a), the Director and the Under Secretary shall jointly
conduct a survey to determine the process by which each element
of the intelligence community has administered COVID–19 vaccines
to covered personnel, to inform continued medical care relating
to COVID–19 and future responses to covered national emergencies.
Such survey shall address, with respect to each element, the following:
(1) The timeline of the element with respect to the administration of COVID–19 vaccines prior to the date of the enactment
of this Act.
(2) The process by which the element determined when
covered personnel would become eligible to receive the COVID–
19 vaccine (including if certain categories of such personnel
became eligible before others).
(3) A general approximation of the percentage of covered
personnel of the element that received the COVID–19 vaccine
from the element versus through an alternative means (such
as a private sector entity, foreign government, State, or local
government), particularly with respect to covered personnel
deployed outside of the United States.
(4) Any challenges encountered by the element with respect
to the administration of COVID–19 vaccines prior to the date
of the enactment of this Act.
(5) Any other feedback determined relevant for purposes
of the survey.
(d) PRIVACY CONSIDERATIONS.—In carrying out the report and
survey requirements under this section, the Director, the Under
Secretary, and the heads of the elements of the intelligence community shall ensure, to the extent practicable, the preservation of
medical privacy and the anonymity of data.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the House
of Representatives and the Senate.
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Deadline.
Determination.
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(2) COVERED NATIONAL EMERGENCY.—The term ‘‘covered
national emergency’’ has the meaning given such term in section 303 of the Intelligence Authorization Act for Fiscal Year
2021 (50 U.S.C. 3316b).
(3) COVERED PERSONNEL.—The term ‘‘covered personnel’’
means personnel who are—
(A) employees of, or otherwise detailed or assigned
to, an element of the intelligence community; or
(B) funded under the National Intelligence Program
or the Military Intelligence Program.
(4) ESSENTIAL COVERED PERSONNEL.—The term ‘‘essential
covered personnel’’ means covered personnel deemed essential
to—
(A) continuity of operations of the intelligence community;
(B) continuity of operations of the United States
Government; or
(C) other purposes related to the national security
of the United States.
(5) NATIONAL INTELLIGENCE PROGRAM.—The term ‘‘National
Intelligence Program’’ has the meaning given such term in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
50 USC 3352f
note.
SEC. 806. FEDERAL POLICY ON SHARING OF COVERED INSIDER
THREAT INFORMATION PERTAINING TO CONTRACTOR
EMPLOYEES IN THE TRUSTED WORKFORCE.
Deadline.
Coordination.
(a) POLICY REQUIRED.—Not later than 2 years after the date
of the enactment of this Act, the Director of National Intelligence,
in coordination with the Secretary of Defense, the Director of the
Office of Management and Budget, and the Attorney General, shall
issue a policy for the Federal Government on sharing covered insider
threat information pertaining to contractor employees.
(b) CONSENT REQUIREMENT.—The Director shall ensure that
the policy issued under subsection (a) requires, as a condition
of obtaining and maintaining a security clearance with the Federal
Government, that a contractor employee provide prior written consent for the Federal Government to share covered insider threat
information with the senior official responsible for the insider threat
program of the contracting agency. The Director may include in
such policy restrictions on the further disclosure of such information.
(c) CONSULTATION.—On a quarterly basis during the period
in which the Director is developing the policy under subsection
(a), the Director shall consult with Congress and industry partners
with respect to such development.
(d) REVIEW.—
(1) SUBMISSION.—Not later than 1 year after the date of
the issuance of the policy under subsection (a), the Director
of National Intelligence and the Secretary of Defense shall
jointly submit to Congress and make available to such industry
partners as the Director and the Secretary consider appropriate
a review of the policy.
(2) CONTENTS.—The review under paragraph (1) shall
include the following:
(A) An assessment of the utility and effectiveness of
the policy issued under subsection (a).
Time period.
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Deadline.
Assessment.
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136 STAT. 1015
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(B) Such recommendations as the Director and the
Secretary determine appropriate with respect to legislative
or administrative action relevant to such policy.
(e) DEFINITIONS.—In this section:
(1) COVERED INSIDER THREAT INFORMATION.—The term
‘‘covered insider threat information’’—
(A) means information that—
(i) is relevant with respect to adjudications relating
to determinations of eligibility for access to classified
information;
(ii) an agency or department of the Federal Government has vetted and verified; and
(iii) according to Director of National Intelligence
policy, is considered relevant to the ability of a contractor employee to protect against insider threats as
required by section 117.7(d) of title 32, Code of Federal
Regulations, or successor regulation; and
(B) includes pertinent information considered in the
counter-threat assessment, as authorized by a provision
of Federal law or Executive Order.
(2) CONTRACTOR EMPLOYEE.—The term ‘‘contractor
employee’’ means an employee of a contractor, subcontractor,
grantee, subgrantee, or personal services contractor, of a department or agency of the Federal Government.
VerDate Sep 11 2014
Recommendations.
SEC. 807. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
Deadlines.
(a) GOVERNANCE.—The Director of National Intelligence, acting
as the Security Executive Agent, and the Director of the Office
of Personnel Management, acting as the Suitability and
Credentialing Executive Agent, in coordination with the Deputy
Director for Management in the Office of Management and Budget,
acting as the chairman of the Performance Accountability Council,
and the Under Secretary of Defense for Intelligence and Security
shall jointly—
(1) not later than 180 days after the date of the enactment
of this Act, publish, in the Federal Register as appropriate,
a policy with guidelines and standards for Federal Government
agencies and industry partners to implement the Trusted
Workforce 2.0 initiative;
(2) not later than 2 years after the date of the enactment
of this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing, delivery,
and adoption of Federal Government agencies’ policies, products, and services to implement the Trusted Workforce 2.0
initiative, including those associated with the National Background Investigation Service; and
(3) not later than 90 days after the date of the enactment
of this Act, submit to Congress performance management
metrics for the implementation of the Trusted Workforce 2.0
initiative, including performance metrics regarding timeliness,
cost, and measures of effectiveness.
(b) INDEPENDENT STUDY ON TRUSTED WORKFORCE 2.0.—
(1) STUDY REQUIRED.—Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall enter into an agreement with an entity that
is not part of the Federal Government to conduct a study
Coordination.
50 USC 3352f
note.
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Federal Register,
publication.
Guidelines.
Standards.
Time period.
Performance
metrics.
Contracts.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
on the effectiveness of the initiatives of the Federal Government
known as Trusted Workforce 1.25, 1.5, and 2.0.
(2) ELEMENTS.—The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives
are or will be in determining who should or should not
have access to classified information.
(B) A comparison of the effectiveness of such initiatives
with the system of periodic reinvestigations that was in
effect on the day before the date of the enactment of this
Act.
(C) Identification of what is lost from the suspension
of universal periodic reinvestigations in favor of a system
of continuous vetting.
(D) An assessment of the relative effectiveness of
Trusted Workforce 1.25, Trusted Workforce 1.5, and
Trusted Workforce 2.0.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Director shall submit a report
on the findings from the study conducted under paragraph
(1) to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(C) The Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.
Assessments.
Subtitle B—Matters Relating to
Organizations and Capabilities
SEC.
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Deadline.
Consultation.
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811.
PLAN TO ESTABLISH INTEGRATED COMMERCIAL
GEOSPATIAL INTELLIGENCE DATA PROGRAM OFFICE.
(a) PLAN.—Not later than 90 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office
and the Director of the National Geospatial-Intelligence Agency,
in consultation with the Director of National Intelligence, shall
jointly develop and submit to the appropriate congressional committees a plan to establish an integrated commercial geospatial intelligence data program office.
(b) CONTENTS.—The plan under subsection (a) shall include
the following:
(1) An explanation of how the Director of the National
Reconnaissance Office will elevate the commercial space program office within the organizational structure of the National
Reconnaissance Office.
(2) An explanation of how the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency will integrate the commercial
space program office within the National Reconnaissance Office
to include empowered functional manager personnel to ensure
imagery purchases are responsive to functional manager-provided requirements and priorities.
(3) An explanation of—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1017
(A) an approach that will rapidly leverage innovative
commercial geospatial intelligence data capabilities to meet
new intelligence challenges and inform operational requirements;
(B) how the Directors will annually evaluate new
commercially available capabilities and provide opportunities for new entrants; and
(C) how the Directors will synchronize the procurement
of commercial geospatial intelligence data and commercial
geospatial intelligence analytic services, respectively.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
SEC. 812. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION
CENTER REPORT, STRATEGY, AND PLAN.
(a) REQUIREMENT FOR REPORT AND STRATEGY.—Not later than
120 days after the date of the enactment of this Act, the Director
of the Central Intelligence Agency shall submit to the congressional
intelligence committees—
(1) a report stating the mission and purpose of the Acquisition Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement
and acquisition practices of the Agency.
(b) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not later than
120 days after the date of the enactment of this Act, the Director
shall, using the findings of the Director with respect to the report
submitted under subsection (a)(1), submit to the congressional intelligence committees an implementation plan that addresses—
(1) how the Director will ensure the contracting officers
of the Agency and the technical representatives of the Acquisition Innovation Center for the contracting officers have access
to the technical expertise required to inform requirements
development, technology maturity assessments, and monitoring
of acquisitions;
(2) how the plan specifically applies to technical industries,
including telecommunications, software, aerospace, and largescale construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
Deadline.
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SEC. 813. REPORT ON UNITED STATES SOUTHERN COMMAND INTELLIGENCE CAPABILITIES.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Defense Intelligence
Agency, in consultation with such other Federal Government entities as the Director considers relevant, and consistent with the
protection of intelligence sources and methods, shall submit to
the appropriate congressional committees a report detailing the
status of the intelligence collection, analysis, and operational
capabilities of the United States Southern Command to support
Latin America-based missions.
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Consultation.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 814. REPORT ON PROJECT MAVEN TRANSITION.
Consultation.
Metrics.
Time periods.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Director of the National GeospatialIntelligence Agency, in consultation with such other Federal
Government entities as the Director considers appropriate, shall
submit to the appropriate congressional committees a report on
the transition of Project Maven to operational mission support.
(b) PLAN OF ACTION AND MILESTONES.—The report required
by subsection (a) shall include a detailed plan of action and milestones that identifies—
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National GeospatialIntelligence Agency; and
(2) the metrics of success regarding the transition described
in paragraph (1) and mission support provided to the National
Geospatial-Intelligence Agency for each of fiscal years 2022
and 2023.
(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
SEC. 815. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES
OF FOREIGN MALIGN INFLUENCE CENTER.
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Assessments.
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(a) ASSESSMENT AND REPORT REQUIRED.—Not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall—
(1) conduct an assessment as to the future structure,
responsibilities, and organizational placement of the Foreign
Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the assessment conducted under paragraph (1).
(b) ELEMENTS.—The assessment conducted under subsection
(a)(1) shall include—
(1) an assessment of whether the statutory functions of
the Foreign Malign Influence Center are optimized to the needs
of the intelligence community and policymakers;
(2) a description of potential changes to the statutory functions of the Foreign Malign Influence Center that might further
advance the counter-foreign malign influence mission of the
Center and the intelligence community, including whether the
Director of the Foreign Malign Influence Center should continue
to report directly to the Director of National Intelligence and
whether the Foreign Malign Influence Center should remain
a separate, stand-alone center; and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1019
(3) an assessment of the risks, benefits, and feasibility
of predominantly staffing the Foreign Malign Influence Center
with detailees from other agencies, including from outside the
intelligence community.
Subtitle C—Other Matters
SEC. 821. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
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(a) REQUIREMENT.—Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section (and conforming the table of contents
at the beginning of such Act accordingly):
VerDate Sep 11 2014
‘‘SEC. 1111. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.
50 USC 3241.
‘‘(a) REPORTS.—On a biennial basis until the date that is 10
years after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2022, the Director of National Intelligence
shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological
threats emanating from the territory of, or sponsored by, a covered
country.
‘‘(b) MATTERS INCLUDED.—Each report under subsection (a)
shall include, with respect to foreign biological threats emanating
from the territory of, or sponsored by, a covered country, the following:
‘‘(1) A detailed description of all activities relating to such
threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
‘‘(2) A detailed description of all duties and responsibilities
relating to such threats explicitly authorized or otherwise
assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps
in such duties or responsibilities.
‘‘(3) A description of the coordination among the relevant
elements of the intelligence community with respect to the
activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
‘‘(4) An inventory of the strategies, plans, policies, and
interagency agreements of the intelligence community relating
to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps
therein.
‘‘(5) A description of the coordination and interactions
among the relevant elements of the intelligence community
and non-intelligence community partners.
‘‘(6) An assessment of foreign malign influence efforts
relating to such threats, including any foreign academics
engaged in such efforts, and a description of how the intelligence community contributes to efforts by non-intelligence
community partners to counter such foreign malign influence.
‘‘(c) FORM.—Each report submitted under subsection (a) may
be submitted in classified form, but if so submitted shall include
an unclassified executive summary.
‘‘(d) DEFINITIONS.—In this section:
Termination
date.
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Assessments.
Inventory.
Summary.
PUBL103
136 STAT. 1020
Determinations.
50 USC 3241
note.
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(1) COVERED COUNTRY.—The term ‘covered country’
means—
‘‘(A) China;
‘‘(B) Iran;
‘‘(C) North Korea;
‘‘(D) Russia; and
‘‘(E) any other foreign country—
‘‘(i) from which the Director of National Intelligence determines a biological threat emanates; or
‘‘(ii) that the Director determines has a known
history of, or has been assessed as having conditions
present for, infectious disease outbreaks or epidemics.
‘‘(2) FOREIGN BIOLOGICAL THREAT.—The term ‘foreign
biological threat’ means biological warfare, bioterrorism, naturally occurring infectious diseases, or accidental exposures to
biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions,
or an undetermined source.
‘‘(3) FOREIGN MALIGN INFLUENCE.—The term ‘foreign
malign influence’ has the meaning given such term in section
119C(e) of this Act.
‘‘(4) NON-INTELLIGENCE COMMUNITY PARTNER.—The term
‘non-intelligence community partner’ means a Federal department or agency that is not an element of the intelligence
community.’’.
(b) FIRST REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees the first
report required under section 1111 of the National Security Act
of 1947, as added by subsection (a).
SEC. 822. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES
PROCURED BY INTELLIGENCE COMMUNITY AND FOREIGN
COMMERCIAL PROVIDERS OF CYBER VULNERABILITIES.
(a) REQUIREMENT.—Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.), as amended by section 821, is further
amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
50 USC 3242.
‘‘SEC. 1112. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES
PROCURED BY INTELLIGENCE COMMUNITY AND FOREIGN
COMMERCIAL PROVIDERS OF CYBER VULNERABILITIES.
Termination
date.
Coordination.
‘‘(a) ANNUAL REPORTS.—On an annual basis through 2026, the
Director of the Central Intelligence Agency and the Director of
the National Security Agency, in coordination with the Director
of National Intelligence, shall jointly submit to the congressional
intelligence committees a report containing information on foreign
commercial providers and the cyber vulnerabilities procured by
the intelligence community through foreign commercial providers.
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include,
with respect to the period covered by the report, the following:
‘‘(1) A description of each cyber vulnerability procured
through a foreign commercial provider, including—
‘‘(A) a description of the vulnerability;
‘‘(B) the date of the procurement;
‘‘(C) whether the procurement consisted of only that
vulnerability or included other vulnerabilities;
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136 STAT. 1021
‘‘(D) the cost of the procurement;
‘‘(E) the identity of the commercial provider and, if
the commercial provider was not the original supplier of
the vulnerability, a description of the original supplier;
‘‘(F) the country of origin of the vulnerability; and
‘‘(G) an assessment of the ability of the intelligence
community to use the vulnerability, including whether such
use will be operational or for research and development,
and the approximate timeline for such use.
‘‘(2) An assessment of foreign commercial providers that—
‘‘(A) pose a significant threat to the national security
of the United States; or
‘‘(B) have provided cyber vulnerabilities to any foreign
government that—
‘‘(i) has used the cyber vulnerabilities to target
United States persons, the United States Government,
journalists, or dissidents; or
‘‘(ii) has an established pattern or practice of violating human rights or suppressing dissent.
‘‘(3) An assessment of whether the intelligence community
has conducted business with the foreign commercial providers
identified under paragraph (2) during the 5-year period preceding the date of the report.
‘‘(c) FORM.—Each report under subsection (a) may be submitted
in classified form.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) COMMERCIAL PROVIDER.—The term ‘commercial provider’ means any person that sells, or acts as a broker, for
a cyber vulnerability.
‘‘(2) CYBER VULNERABILITY.—The term ‘cyber vulnerability’
means any tool, exploit, vulnerability, or code that is intended
to compromise a device, network, or system, including such
a tool, exploit, vulnerability, or code procured by the intelligence
community for purposes of research and development.’’.
(b) FIRST REPORT.—Not later than 90 days after the date of
the enactment of this Act, the Director of the Central Intelligence
Agency and the Director of the National Security Agency shall
jointly submit the first report required under section 1112 of the
National Security Act of 1947, as added by subsection (a).
Time period.
50 USC 3242
note.
SEC. 823. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE COMMUNITY.
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(a) PERIODIC REPORTS REQUIRED.—Title XI of the National
Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by
section 822, is further amended by adding at the end the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
VerDate Sep 11 2014
‘‘SEC. 1113. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE COMMUNITY.
50 USC 3243.
‘‘(a) REPORTS.—On a basis that is not less frequent than once
every 4 years, the Director of National Intelligence, in coordination
with the Director of the Office of Science and Technology Policy,
the Secretary of Commerce, and the heads of such other agencies
as the Director considers appropriate, shall submit to the congressional intelligence committees a comprehensive report on the technology strategy of the intelligence community, which shall be
designed to support the maintenance of the leadership of the United
Coordination.
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PUBL103
136 STAT. 1022
Assessment.
Review.
Determination.
Determination.
Recommendations.
Technology
annex.
Determination.
50 USC 3243
note.
PUBLIC LAW 117–103—MAR. 15, 2022
States in critical and emerging technologies essential to the national
security of the United States.
‘‘(b) ELEMENTS.—Each report submitted under subsection (a)
shall include the following:
‘‘(1) An assessment of technologies critical to the national
security of the United States, particularly those technologies
with respect to which foreign countries that are adversarial
to the United States have or are poised to match or surpass
the technology leadership of the United States.
‘‘(2) A review of current technology policies of the intelligence community, including long-term goals.
‘‘(3) An identification of sectors and supply chains the
Director determines to be of the greatest strategic importance
to national security.
‘‘(4) An identification of opportunities to protect the leadership of the United States, and the allies and partners of the
United States, in critical technologies, including through targeted export controls, investment screening, and counterintelligence activities.
‘‘(5) An identification of research and development areas
the Director determines critical to the national security of the
United States, including areas in which the private sector does
not focus.
‘‘(6) Recommendations for growing talent in key critical
and emerging technologies and enhancing the ability of the
intelligence community to recruit and retain individuals with
critical skills relating to such technologies.
‘‘(7) An identification of opportunities to improve the leadership of the United States in critical technologies, including
opportunities to develop international partnerships to reinforce
domestic policy actions, develop new markets, engage in collaborative research, and maintain an international environment
that reflects the values of the United States and protects the
interests of the United States.
‘‘(8) A technology annex to establish an approach for the
identification, prioritization, development, and fielding of
emerging technologies critical to the mission of the intelligence
community.
‘‘(9) Such other information as the Director determines
may be necessary to inform Congress on matters relating to
the technology strategy of the intelligence community and
related implications for the national security of the United
States.
‘‘(c) FORM OF ANNEX.—Each annex submitted under subsection
(b)(8) may be submitted in classified form.’’.
(b) FIRST REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees the first
report required under section 1113 of the National Security Act
of 1947, as added by subsection (a).
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SEC. 824. INTELLIGENCE ASSESSMENT AND REPORTS ON FOREIGN
RACIALLY MOTIVATED VIOLENT EXTREMISTS.
(a) INTELLIGENCE ASSESSMENT.—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1023
(1) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Director of National Intelligence, acting through the Director of the National Counterterrorism Center, in coordination with the Director of the Federal
Bureau of Investigation and the Under Secretary of Homeland
Security for Intelligence and Analysis, and in consultation with
other relevant Federal departments and agencies, shall submit
to the appropriate congressional committees an intelligence
assessment on significant threats to the United States associated with foreign racially motivated violent extremist organizations.
(2) ELEMENTS.—The assessment under paragraph (1) shall
include the following:
(A) A list of foreign racially motivated violent extremist
organizations that pose a significant threat to the national
security of the United States.
(B) With respect to each such organization—
(i) an overview of the membership, ideology, and
activities;
(ii) a description of any transnational links to the
United States or United States persons;
(iii) a description of the leadership, plans, intentions, and capabilities;
(iv) whether (and if so, to what extent) foreign
governments or their proxies provide any manner of
support to such organizations, including a list of each
such foreign government or proxy;
(v) a description of the composition and characteristics of the members and support networks, including
whether (and if so, to what extent) the members are
also a part of a military, security service, or police;
(vi) a description of financing and other forms of
material support;
(vii) an assessment of trends and patterns relative
to communications, travel, and training (including
whether and to what extent the organization is
engaged in or facilitating military or paramilitary
training);
(viii) an assessment of the radicalization and
recruitment, including an analysis of the extremist
messaging motivating members and supporters; and
(ix) whether (and if so, to what extent) foreign
governments have sufficient laws and policies to
counter threats to the United States associated with
the organization, including best practices and gaps.
(C) An assessment of the status and extent of information sharing, intelligence partnerships, foreign police
cooperation, and mutual legal assistance between the
United States and foreign governments relative to countering threats to the United States associated with foreign
racially motivated violent extremist organizations.
(D) An assessment of intelligence gaps and recommendations on how to remedy such gaps.
(E) An opportunity analysis regarding countering such
threats, including, at a minimum, with respect to mitigating and disrupting the transnational nexus.
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List.
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(3) STANDARDS.—The intelligence assessment under paragraph (1) shall be conducted in a manner that meets the analytic integrity and tradecraft standards of the intelligence
community.
(4) FORM.—The intelligence assessment under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex in electronic form that is fully indexed and
searchable. In carrying out this paragraph, the officials responsible for submitting such assessment shall ensure that the
assessment is unclassified to the extent practicable.
(b) REPORT.—
(1) REQUIREMENT.—Not later than 150 days after the date
of the enactment of this Act, the Director of National Intelligence, acting through the Director of the National Counterterrorism Center, in coordination with the Secretary of State,
the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and in a manner consistent with
the authorities and responsibilities of such Secretary or
Director, shall submit to the appropriate congressional committees a report on the use of Federal laws, regulations, and
policies by the Federal Government to counter significant
threats to the United States and United States persons associated with foreign racially motivated violent extremist organizations.
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) An identification, description, and assessment of
the use and efficacy of, Federal laws, regulations, and
policies used by the Federal Government to address significant threats to the United States and United States persons
associated with foreign racially motivated violent extremist
organizations, including pursuant to—
(i) section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) and
section 119 of the National Security Act of 1949 (50
U.S.C. 3056), particularly with respect to the coordination and integration of all instruments of national
power;
(ii) Executive Order 12333 (50 U.S.C. 3001 note),
as amended;
(iii) the designation of foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(iv) the designation of specially designated terrorists, specially designated global terrorists, or specially
designated nationals and blocked persons, pursuant
to Executive Orders 13886, 13372, and 13224 and parts
594, 595, 596, and 597 of title 31, Code of Federal
Regulations;
(v) National Security Presidential Memorandums
7 and 9, particularly with respect to the sharing of
terrorism information and screening and vetting activities; and
(vi) any other applicable Federal laws, regulations,
or policies.
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136 STAT. 1025
(B) An assessment of whether (and if so, to what
extent and why) such Federal laws, regulations, and policies are sufficient to counter such threats, including a
description of any gaps and specific examples to illustrate
such gaps.
(C) Recommendations regarding how to remedy the
gaps under subparagraph (B).
(3) PRIVACY AND CIVIL LIBERTIES ASSESSMENT.—Not later
than 180 days after the date of the enactment of this Act,
the Privacy and Civil Liberties Oversight Board, in consultation
with the civil liberties and privacy officers of the Federal departments and agencies the Board determines appropriate, shall
submit to the appropriate congressional committees a report
containing—
(A) an assessment of the impacts on the privacy and
civil liberties of United States persons concerning the use
or recommended use of any Federal laws, regulations, and
policies specified in paragraph (2); and
(B) recommendations on options to develop protections
to mitigate such impacts.
(4) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex
in electronic form that is fully indexed and searchable. In
carrying out this paragraph, the officials responsible for submitting such report shall ensure that the report is unclassified
to the extent practicable.
(5) SEPARATE SUBMISSION.—The Director shall submit to
the appropriate congressional committees the report under
paragraph (1) as a separate report from the report submitted
under section 826(a)(2).
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
(B) the Subcommittees on Financial Services and General Government, the Subcommittees on Homeland Security, and the Subcommittees on State, Foreign Operations,
and Related Programs of the Committees on Appropriations
of the House of Representatives and the Senate; and
(C) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations
of the Senate.
(2) TERRORISM INFORMATION.—The term ‘‘terrorism
information’’ has the meaning given that term in section 1016(a)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485(a)).
(3) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
Recommendations.
Consultation.
Recommendations.
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SEC. 825. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND
DE-ESCALATION OF GRAY ZONE ACTIVITIES IN GREAT
POWER COMPETITION.
(a) FINDINGS.—Congress finds the following:
(1) The conventional power of the United States has driven
foreign adversaries to a level of competition that does not
always depend on military confrontation with the United States.
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136 STAT. 1026
PUBLIC LAW 117–103—MAR. 15, 2022
(2) Rather than challenging the United States in a manner
that could provoke a kinetic military response, foreign adversaries of the United States have turned to carrying out gray
zone activities to advance the interests of such adversaries,
weaken the power of the United States, and erode the norms
that underpin the United States-led international order.
(3) Gray zone activity falls on a spectrum of attribution
and deniability that ranges from covert adversary operations,
to detectible covert adversary operations, to unattributable
adversary operations, to deniable adversary operations, to open
adversary operations.
(4) To adequately address such a shift to gray zone activity,
the United States must understand what actions tend to either
escalate or de-escalate such activity by its adversaries.
(5) The laws, principles, and values of the United States
are strategic advantages in great power competition with
authoritarian foreign adversaries that carry out gray zone
activities, because such laws, principles, and values increase
the appeal of the governance model of the United States, and
the United States-led international order, to states and peoples
around the world.
(6) The international security environment has demonstrated numerous examples of gray zone activities carried
out by foreign adversaries, including the following activities
of foreign adversaries:
(A) Information operations, such as efforts by Russia
to influence the 2020 United States Federal elections (as
described in the March 15, 2021, intelligence community
assessment of the Office of the Director of National Intelligence made publicly available on March 15, 2021).
(B) Adversary political coercion operations, such as
the wielding of energy by Russia, particularly in the context
of Ukrainian gas pipelines, to coerce its neighbors into
compliance with its policies.
(C) Adversary economic coercion operations, such as
the threat, and use, by China of economic retaliation to
coerce sovereign countries into compliance with its policies
or to blunt any criticism of its violations of the rulesbased international order and its perpetration of severe
human rights abuses.
(D) Cyber operations, such as the use by China of
cyber tools to conduct industrial espionage.
(E) Provision of support to proxy forces, such as the
support provided by Iran to Hezbollah and Shia militia
groups.
(F) Provocation by armed forces controlled by the
government of the foreign adversary through measures that
do not rise to the level of an armed attack, such as the
use of the China Coast Guard and maritime militia by
China to harass the fishing vessels of other countries in
the South China Sea.
(G) Alleged uses of lethal force on foreign soil, such
as the 2018 poisoning of Sergei Skripal in London by
Russia.
(H) The potential use by an adversary of technology
that causes anomalous health incidents among United
States Government personnel.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1027
(b) NATIONAL INTELLIGENCE ESTIMATE.—
(1) REQUIREMENT.—The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on how foreign adversaries
use gray zone activities to advance interests, what responses
by the United States (or the allies or partners of the United
States) would tend to result in the escalation or de-escalation
of such gray zone activities by foreign adversaries, and any
opportunities for the United States to minimize the extent
to which foreign adversaries use gray zone activities in furtherance of great power competition.
(2) MATTERS INCLUDED.—To the extent determined appropriate by the National Intelligence Council, the National Intelligence Estimate produced under paragraph (1) may include
an assessment of the following topics:
(A) Any potential or actual lethal or harmful gray
zone activities carried out against the United States by
foreign adversaries, including against United States
Government employees and United States persons, whether
located within or outside of the United States.
(B) To the extent such activities have occurred, or
are predicted to occur—
(i) opportunities to reduce or deter any such activities; and
(ii) any actions of the United States Government
that would tend to result in the escalation or de-escalation of such activities.
(C) Any incidents in which foreign adversaries could
have used, but ultimately did not use, gray zone activities
to advance the interests of such adversaries, including an
assessment as to why the foreign adversary ultimately
did not use gray zone activities.
(D) The effect of lowering the United States Government threshold for the public attribution of detectible covert
adversary operations, unattributable adversary operations,
and deniable adversary operations.
(E) The effect of lowering the United States Government threshold for responding to detectible covert
adversary operations, unattributable adversary operations,
and deniable adversary operations.
(F) The extent to which the governments of foreign
adversaries exercise control over any proxies or parastate
actors used by such governments in carrying out gray
zone activities.
(G) The extent to which gray zone activities carried
out by foreign adversaries affect the private sector of the
United States.
(H) The international norms that provide the greatest
deterrence to gray zone activities carried out by foreign
adversaries, and opportunities for strengthening those
norms.
(I) The effect, if any, of the strengthening of democratic
governance abroad on the resilience of United States allies
and partners to gray zone activities.
(J) Opportunities to strengthen the resilience of United
States allies and partners to gray zone activities, and associated tactics, carried out by foreign adversaries.
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Determination.
Assessments.
PUBL103
136 STAT. 1028
Deadline.
Determination.
Web posting.
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50 USC 3316c
note.
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(K) Opportunities for the United States to improve
the detection of, and early warning for, such activities
and tactics.
(L) Opportunities for the United States to galvanize
international support in responding to such activities and
tactics.
(3) SUBMISSION TO CONGRESS.—
(A) SUBMISSION.—Not later than 1 year after the date
of the enactment of this Act, the Director shall submit
to the congressional intelligence committees and the
Committees on Armed Services of the House of Representatives and the Senate the National Intelligence Estimate
produced under paragraph (1). In so submitting the Estimate to the congressional intelligence committees, the
Director shall include all intelligence reporting underlying
the Estimate.
(B) NOTICE REGARDING SUBMISSION.—If at any time
before the deadline specified in subparagraph (A), the
Director determines that the National Intelligence Estimate produced under paragraph (1) cannot be submitted
by such deadline, the Director shall (before such deadline)
submit to the committees specified in subparagraph (A)
a report setting forth the reasons why the National Intelligence Estimate cannot be submitted by such deadline
and an estimated date for the submission of the National
Intelligence Estimate.
(C) FORM.—Any report under subparagraph (B) shall
be submitted in unclassified form.
(4) PUBLIC VERSION.—Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the congressional intelligence committees
and the Committees on Armed Services of the House of Representatives and the Senate the National Intelligence Estimate
under paragraph (1), the Director shall make publicly available
on the internet website of the Director an unclassified version
of the key findings of the National Intelligence Estimate.
(5) DEFINITIONS.—In this subsection:
(A) GRAY ZONE ACTIVITY.—The term ‘‘gray zone
activity’’ means an activity to advance the national
interests of a State that—
(i) falls between ordinary statecraft and open warfare;
(ii) is carried out with an intent to maximize the
advancement of interests of the state without provoking a kinetic military response by the United
States; and
(iii) falls on a spectrum that ranges from covert
adversary operations, to detectible covert adversary
operations, to unattributable adversary operations, to
deniable adversary operations, to open adversary operations.
(B) COVERT ADVERSARY OPERATION.—The term ‘‘covert
adversary operation’’ means an operation by an adversary
that—
(i) the adversary intends to remain below the
threshold at which the United States detects the operation; and
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1029
(ii) does stay below such threshold.
(C) DETECTIBLE COVERT ADVERSARY OPERATION.—The
term ‘‘detectible covert adversary operation’’ means an operation by an adversary that—
(i) the adversary intends to remain below the
threshold at which the United States detects the operation; but
(ii) is ultimately detected by the United States
at a level below the level at which the United States
will publicly attribute the operation to the adversary.
(D) UNATTRIBUTABLE ADVERSARY OPERATION.—The
term ‘‘unattributable adversary operation’’ means an operation by an adversary that the adversary intends to be
detected by the United States, but remains below the
threshold at which the United States will publicly attribute
the operation to the adversary.
(E) DENIABLE ADVERSARY OPERATION.—The term ‘‘deniable adversary operation’’ means an operation by an
adversary that—
(i) the adversary intends to be detected and publicly or privately attributed by the United States; and
(ii) the adversary intends to deny, to limit the
response by the United States, and any allies of the
United States.
(F) OPEN ADVERSARY OPERATION.—The term ‘‘open
adversary operation’’ means an operation by an adversary
that the adversary openly acknowledges as attributable
to the adversary.
(c) REQUIREMENT TO DEVELOP LEXICON.—
(1) REQUIREMENT.—The Director of National Intelligence,
acting through the National Intelligence Council, shall develop
a lexicon of common terms (and corresponding definitions for
such terms) for concepts associated with gray zone activities.
(2) CONSIDERATIONS.—In developing the lexicon under
paragraph (1), the National Intelligence Council shall include
in the lexicon each term (and the corresponding definition
for each term) specified in subsection (b)(5), unless the National
Intelligence Council determines that an alternative term (or
alternative definition)—
(A) more accurately describes a concept associated with
gray zone activities; or
(B) is preferable for any other reason.
(3) REPORT.—
(A) PUBLICATION.—The Director of National Intelligence shall publish a report containing the lexicon developed under paragraph (1).
(B) FORM.—The report under subparagraph (A) shall
be published in unclassified form.
Determination.
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SEC. 826. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC
VIOLENT EXTREMISM.
(a) ASSESSMENT.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
consistent with the protection of intelligence sources and methods,
shall—
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or other
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groups, in domestic violent extremist activities in the United
States; and
(2) submit to the appropriate congressional committees a
report containing the findings of the Director with respect
to the assessment.
(b) FORM.—The report under subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.
(c) SEPARATE SUBMISSION.—The Director shall submit to the
appropriate congressional committees the report under subsection
(a)(2) as a separate report from the report submitted under section
824(b)(1).
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee
on the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives.
SEC. 827. REPORT ON POTENTIAL INCLUSION WITHIN INTELLIGENCE
COMMUNITY OF THE OFFICE OF NATIONAL SECURITY OF
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Coordination.
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(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Health and Human Services,
shall submit to the appropriate congressional committees a report
on the potential advantages and disadvantages of adding the Office
of National Security of the Department of Health and Human
Services as a new element of the intelligence community.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) An assessment of the following:
(A) The likelihood that the addition of the Office of
National Security as a new element of the intelligence
community would increase connectivity between other elements of the intelligence community working on health
security topics and the Department of Health and Human
Services.
(B) The likelihood that such addition would increase
the flow of raw intelligence and finished intelligence products to officials of the Department of Health and Human
Services.
(C) The likelihood that such addition would facilitate
the flow of information relating to health security topics
to intelligence analysts of various other elements of the
intelligence community working on such topics.
(D) The extent to which such addition would clearly
demonstrate to both the national security community and
the public health community that health security is
national security.
(E) Any anticipated impediments to such addition
relating to additional budgetary oversight by the executive
branch or Congress.
(F) Any other significant advantages or disadvantages
of such addition, as identified by either the Director of
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National Intelligence or the Secretary of Health and
Human Services.
(2) A joint recommendation by the Director of National
Intelligence and the Secretary of Health and Human Services
as to whether to add the Office of National Security as a
new element of the intelligence community.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(3) the Subcommittees on Labor, Health and Human Services, Education, and Related Agencies of the Committees on
Appropriations of the House of Representatives and the Senate.
Recommendation.
SEC. 828. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID
SPACE ARCHITECTURE.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, and annually for 2 years thereafter,
the Director of National Intelligence, in coordination with the Under
Secretary of Defense for Intelligence and Security and the Director
of the National Reconnaissance Office, shall submit to the appropriate congressional committees a report on the efforts of the intelligence community to build an integrated hybrid space architecture
that combines national and commercial capabilities and large and
small satellites.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data from
commercial satellites with the national technical means
architecture.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the congressional defense committees.
Time period.
Coordination.
Assessments.
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SEC. 829. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE
COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND
INTERNATIONAL HUMANITARIAN LAW.
(a) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Secretary of
Defense, and the Director of the Defense Intelligence Agency, and
consistent with the protection of intelligence sources and methods,
shall submit to the appropriate congressional committees a report
on certain actions taken by the intelligence community with respect
to human rights and international humanitarian law.
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PUBL103
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Records.
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(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) A detailed explanation of whether, and to what extent,
each element of the intelligence community has provided intelligence products relating to the efforts of the Secretary of State
and the Secretary of Treasury regarding the categorization,
determinations on eligibility for assistance and training, and
general understanding, of covered entities that commit, engage,
or are otherwise complicit in, violations of human rights or
international humanitarian law.
(2) A detailed explanation of whether, and to what extent,
each element of the intelligence community has provided intelligence products relating to any of the following:
(A) Section 7031(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116–94; 8 U.S.C. 1182
note).
(B) The visa restriction policy of the Department of
State announced on February 26, 2021, and commonly
referred to as the ‘‘Khashoggi Ban’’.
(C) The annual report requirement of the Department
of Defense under section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (131 Stat. 1572).
(D) The Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–
328; 22 U.S.C. 2656 note).
(3) A detailed explanation of the following processes:
(A) The process of each element of the intelligence
community for monitoring covered entities for derogatory
human rights or international humanitarian law information.
(B) The process of each element of the intelligence
community for determining the credibility of derogatory
human rights or international humanitarian law information.
(C) The process of each element of the intelligence
community for determining what further action is appropriate if derogatory human rights or international humanitarian law information is determined to be credible.
(4) An unredacted copy of each policy or similar document
that describes a process specified in paragraph (3).
(5) A detailed explanation of whether, with respect to each
element of the intelligence community, the head of the element
has changed or restricted any activities of the element in
response to derogatory human rights or international humanitarian law information.
(6) Examples of any changes or restrictions specified in
paragraph (5) taken by the head of the element of the intelligence community during the two years preceding the date
of the submission of the report.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
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(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives;
(C) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(D) the Subcommittees on Financial Services and General Government and the Subcommittees on State, Foreign
Operations, and Related Programs of the Committees on
Appropriations of the House of Representatives and the
Senate.
(2) COVERED ENTITY.—The term ‘‘covered entity’’—
(A) means an individual, unit, or foreign government
that—
(i) has a cooperative relationship with the United
States Government; or
(ii) is the target of an intelligence collection activity
carried out by the United States Government; but
(B) does not include an employee of the United States
Government.
(3) DEROGATORY HUMAN RIGHTS OR INTERNATIONAL HUMANITARIAN LAW INFORMATION.—The term ‘‘derogatory human rights
or international humanitarian law information’’ means information tending to suggest that a covered entity committed, participated, or was otherwise complicit in, a violation of human
rights or international humanitarian law, regardless of the
credibility of such information, the source of the information,
or the level of classification of the information.
(4) VIOLATION OF HUMAN RIGHTS OR INTERNATIONAL
HUMANITARIAN LAW.—The term ‘‘violation of human rights or
international humanitarian law’’ includes a violation of any
authority or obligation of the United States Government related
to human rights or international humanitarian law, without
regard to whether such authority or obligation is codified in
a provision of law, regulation, or policy.
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SEC. 830. REPORT ON RARE EARTH ELEMENTS.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Defense Intelligence Agency,
the Director of the Office of Intelligence and Counterintelligence
of the Department of Energy, and any other head of an element
of the intelligence community that the Director of National Intelligence determines relevant, shall submit to the congressional intelligence committees a report on rare earth elements.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) An assessment coordinated by the National Intelligence
Council of—
(A) long-term trends in the global rare earth element
industry;
(B) the national security, economic, and industrial risks
to the United States, and to the partners and allies of
the United States, with respect to relying on foreign countries, including China, for rare earth mining and the processing or production of rare earth elements;
(C) the intentions of foreign governments, including
the government of China, with respect to limiting, reducing,
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Assessments.
China.
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PUBLIC LAW 117–103—MAR. 15, 2022
or ending access of the United States or the partners and
allies of the United States to—
(i) rare earth elements; or
(ii) any aspect of the rare earth mining, processing,
or production chain; and
(D) opportunities for the United States, and for the
partners and allies of the United States, to assure continued access to—
(i) rare earth elements; and
(ii) the rare earth mining, processing, or production
chain.
(2) A description of—
(A) any relevant procurement, use, and supply chain
needs of the intelligence community with respect to rare
earth elements;
(B) any relevant planning or efforts by the intelligence
community to assure secured access to rare earth elements;
(C) any assessed vulnerabilities or risks to the intelligence community with respect to rare earth elements;
(D) any relevant planning or efforts by the intelligence
community to coordinate with departments and agencies
of the United States Government that are not elements
of the intelligence community on securing the rare earth
element supply chain; and
(E) any previous or anticipated efforts by the Supply
Chain and Counterintelligence Risk Management Task
Force established under section 6306 of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3370) with respect to rare earth elements.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) RARE EARTH ELEMENTS DEFINED.—In this section, the term
‘‘rare earth elements’’ includes products that contain rare earth
elements, including rare earth magnets.
SEC. 831. REPORT ON ASSESSMENT OF ALL-SOURCE CYBER INTELLIGENCE INFORMATION.
Coordination.
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Assessments.
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(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General
of the National Security Agency and the Inspector General of the
Central Intelligence Agency, shall submit to the congressional intelligence committees a report on the effectiveness of the intelligence
community with respect to the integration and dissemination of
all-source intelligence relating to foreign cyber threats.
(b) CONTENTS.—The report under subsection (a) shall include
the following:
(1) An assessment of the effectiveness of the all-source
cyber intelligence integration capabilities of the intelligence
community, including the identification of capability gaps
relating to the integration of all-source intelligence, or any
deficiencies associated with the timely dissemination of such
intelligence.
(2) An assessment of the effectiveness of the intelligence
community in analyzing and reporting on cyber supply chain
risks, including with respect to interagency coordination and
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136 STAT. 1035
the leadership of the Office of the Director of National Intelligence.
SEC. 832. BRIEFING ON TRAININGS RELATING TO BLOCKCHAIN TECHNOLOGY.
(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing on
the feasibility and benefits of providing training described in subsection (b).
(b) TRAINING DESCRIBED.—Training described in this subsection
is training that meets the following criteria:
(1) The training is on cryptocurrency, blockchain technology, or both subjects.
(2) The training may be provided through partnerships
with universities or private sector entities.
Deadline.
Criteria.
SEC. 833. REPORT ON TRENDS IN TECHNOLOGIES OF STRATEGIC
IMPORTANCE TO UNITED STATES.
(a) IN GENERAL.—Not less frequently than once every 2 years
until the date that is 4 years after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the Secretary of Commerce and the Director of the Office
of Science and Technology Policy, shall submit to the congressional
intelligence committees a report assessing commercial and foreign
trends in technologies the Director considers of strategic importance
to the national and economic security of the United States.
(b) CONTENTS.—Each report under subsection (a) shall include
the following:
(1) A list of the top technology focus areas the Director
determines to be of the greatest strategic importance to the
United States.
(2) A list of the top technology focus areas in which the
Director determines foreign countries that are adversarial to
the United States are poised to match or surpass the technological leadership of the United States.
(c) FORM.—Each report under subsection (a)—
(1) may be submitted in the form of a National Intelligence
Estimate; and
(2) shall be submitted in classified form, but may include
an unclassified summary.
Time period.
Termination
date.
Consultation.
Assessments.
Lists.
Determinations.
Classified
information.
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SEC. 834. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) PLAN.—Not later than 1 year after the date of the enactment
of this Act, the Director of National Intelligence shall coordinate
with the heads of other elements of the intelligence community
and, in conjunction with the heads of those elements, shall—
(1) develop a plan for the development and resourcing
of a modern digital ecosystem that embraces state-of-the-art
tools and modern processes to enable development, testing,
fielding, and continuous updating of artificial intelligence-powered applications at speed and scale from headquarters to the
tactical edge; and
(2) submit to the congressional intelligence committees the
plan developed under paragraph (1).
(b) CONTENTS OF PLAN.—At a minimum, the plan required
by subsection (a) shall include the following:
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Deadline.
Coordination.
PUBL103
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Guidance.
Standards.
Recommendations.
PUBLIC LAW 117–103—MAR. 15, 2022
(1) Policies to enable elements of the intelligence community to adopt a hoteling model to allow trusted small- and
medium-sized artificial intelligence companies access to classified facilities on a flexible basis.
(2) Policies for an open architecture and an evolving reference design and guidance for needed technical investments
in the proposed ecosystem that address issues, including
common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure.
(3) Policies to ensure, to the extent possible, interoperability, and the reduction of duplication, of artificial intelligence
capabilities developed or acquired by elements of the intelligence community.
(4) A governance structure, together with associated policies and guidance, to drive the implementation of the reference
throughout the intelligence community on a federated basis.
(5) Community standards for the use of artificial intelligence and associated data, as appropriate.
(6) Recommendations to ensure that use of artificial intelligence and associated data by the Federal Government related
to United States persons comport with rights relating to
freedom of expression, equal protection, privacy, and due
process.
(c) FORM.—The plan submitted under subsection (a)(2) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 835. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY
OF THE SERGEANTS AT ARMS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES AND THE UNITED STATES
CAPITOL POLICE.
(a) REPORT ON INTELLIGENCE SUPPORT.—
(1) REQUIREMENT.—Not later than 60 days after the date
of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Federal Bureau
of Investigation and the Secretary of Homeland Security, shall
submit to the congressional intelligence committees, the Subcommittees on Commerce, Justice, Science, and Related Agencies and the Subcommittees on Homeland Security of the
Committees on Appropriations of the House of Representatives
and the Senate, and congressional leadership a report on intelligence support provided to the Sergeants at Arms and the
United States Capitol Police.
(2) ELEMENTS.—The report under paragraph (1) shall
include a description of the following:
(A) Policies related to the Sergeants at Arms and the
United States Capitol Police as customers of intelligence.
(B) How the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security, including the Cybersecurity and Infrastructure
Security Agency, are structured, staffed, and resourced to
provide intelligence support to the Sergeants at Arms and
the United States Capitol Police.
(C) The classified electronic and telephony interoperability of the intelligence community, the Federal Bureau
of Investigation, and the Department of Homeland Security
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Coordination.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1037
with the Sergeants at Arms and the United States Capitol
Police.
(D) Any expedited security clearances provided for the
Sergeants at Arms and the United States Capitol Police.
(E) Counterterrorism intelligence and other intelligence relevant to the physical security of Congress that
are provided to the Sergeants at Arms and the United
States Capitol Police, including—
(i) strategic analysis and real-time warning; and
(ii) access to classified systems for transmitting
and posting intelligence.
(F) Cyber intelligence relevant to the protection of
cyber networks of Congress and the personal devices and
accounts of Members and employees of Congress,
including—
(i) strategic and real-time warnings, such as
malware signatures and other indications of attack;
and
(ii) access to classified systems for transmitting
and posting intelligence.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees and congressional leadership a report on the
capacity of the Sergeants at Arms and the United States Capitol
Police to access and use intelligence and threat information
relevant to the physical and cyber security of Congress.
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) An assessment of the extent to which the Sergeants
at Arms and the United States Capitol Police have the
resources, including facilities, cleared personnel, and necessary training, and authorities to adequately access, analyze, manage, and use intelligence and threat information
necessary to defend the physical and cyber security of
Congress.
(B) The extent to which the Sergeants at Arms and
the United States Capitol Police communicate and coordinate threat data with each other and with other local
law enforcement entities.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Rules and Administration, the Committee on the Judiciary, and the Committee
on Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on House Administration, the Committee on the
Judiciary, and the Committee on Appropriations of the
House of Representatives.
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Assessment.
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136 STAT. 1038
PUBLIC LAW 117–103—MAR. 15, 2022
(2) CONGRESSIONAL LEADERSHIP.—The term ‘‘congressional
leadership’’ means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) SERGEANTS AT ARMS.—The term ‘‘Sergeants at Arms’’
means the Sergeant at Arms and Doorkeeper of the Senate,
the Sergeant at Arms of the House of Representatives, and
the Chief Administrative Officer of the House of Representatives.
Cyber Incident
Reporting for
Critical
Infrastructure
Act of 2022.
DIVISION Y—CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE
ACT OF 2022
6 USC 101 note.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Cyber Incident Reporting
for Critical Infrastructure Act of 2022’’.
6 USC 665j note.
SEC. 102. DEFINITIONS.
In this division:
(1) COVERED CYBER INCIDENT; COVERED ENTITY; CYBER
INCIDENT;
INFORMATION
SYSTEM;
RANSOM
PAYMENT;
RANSOMWARE ATTACK; SECURITY VULNERABILITY.—The terms
‘‘covered cyber incident’’, ‘‘covered entity’’, ‘‘cyber incident’’,
‘‘information system’’, ‘‘ransom payment’’, ‘‘ransomware attack’’,
and ‘‘security vulnerability’’ have the meanings given those
terms in section 2240 of the Homeland Security Act of 2002,
as added by section 103 of this division.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Cybersecurity and Infrastructure Security Agency.
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SEC. 103. CYBER INCIDENT REPORTING.
(a) CYBER INCIDENT REPORTING.—Title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended—
(1) in section 2209(c) (6 U.S.C. 659(c))—
(A) in paragraph (11), by striking ‘‘; and’’ and inserting
a semicolon;
(B) in paragraph (12), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(13) receiving, aggregating, and analyzing reports related
to covered cyber incidents (as defined in section 2240) submitted
by covered entities (as defined in section 2240) and reports
related to ransom payments (as defined in section 2240) submitted by covered entities (as defined in section 2240) in furtherance of the activities specified in sections 2202(e), 2203,
and 2241, this subsection, and any other authorized activity
of the Director, to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors.’’; and
(2) by adding at the end the following:
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136 STAT. 1039
‘‘Subtitle D—Cyber Incident Reporting
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‘‘SEC. 2240. DEFINITIONS.
6 USC 681.
‘‘In this subtitle:
‘‘(1) CENTER.—The term ‘Center’ means the center established under section 2209.
‘‘(2) CLOUD SERVICE PROVIDER.—The term ‘cloud service
provider’ means an entity offering products or services related
to cloud computing, as defined by the National Institute of
Standards and Technology in NIST Special Publication 800–
145 and any amendatory or superseding document relating
thereto.
‘‘(3) COUNCIL.—The term ‘Council’ means the Cyber
Incident Reporting Council described in section 2246.
‘‘(4) COVERED CYBER INCIDENT.—The term ‘covered cyber
incident’ means a substantial cyber incident experienced by
a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to
section 2242(b).
‘‘(5) COVERED ENTITY.—The term ‘covered entity’ means
an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to
section 2242(b).
‘‘(6) CYBER INCIDENT.—The term ‘cyber incident’—
‘‘(A) has the meaning given the term ‘incident’ in section 2209; and
‘‘(B) does not include an occurrence that imminently,
but not actually, jeopardizes—
‘‘(i) information on information systems; or
‘‘(ii) information systems.
‘‘(7) CYBER THREAT.—The term ‘cyber threat’ has the
meaning given the term ‘cybersecurity threat’ in section 2201.
‘‘(8) CYBER THREAT INDICATOR; CYBERSECURITY PURPOSE;
DEFENSIVE MEASURE; FEDERAL ENTITY; SECURITY VULNERABILITY.—The terms ‘cyber threat indicator’, ‘cybersecurity purpose’, ‘defensive measure’, ‘Federal entity’, and ‘security vulnerability’ have the meanings given those terms in section 102
of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
‘‘(9) INCIDENT; SHARING.—The terms ‘incident’ and ‘sharing’
have the meanings given those terms in section 2209.
‘‘(10) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘Information Sharing and Analysis Organization’ has
the meaning given the term in section 2222.
‘‘(11) INFORMATION SYSTEM.—The term ‘information
system’—
‘‘(A) has the meaning given the term in section 3502
of title 44, United States Code; and
‘‘(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
‘‘(12) MANAGED SERVICE PROVIDER.—The term ‘managed
service provider’ means an entity that delivers services, such
as network, application, infrastructure, or security services,
via ongoing and regular support and active administration on
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136 STAT. 1040
PUBLIC LAW 117–103—MAR. 15, 2022
the premises of a customer, in the data center of the entity
(such as hosting), or in a third party data center.
‘‘(13) RANSOM PAYMENT.—The term ‘ransom payment’
means the transmission of any money or other property or
asset, including virtual currency, or any portion thereof, which
has at any time been delivered as ransom in connection with
a ransomware attack.
‘‘(14) RANSOMWARE ATTACK.—The term ‘ransomware
attack’—
‘‘(A) means an incident that includes the use or threat
of use of unauthorized or malicious code on an information
system, or the use or threat of use of another digital
mechanism such as a denial of service attack, to interrupt
or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an
information system to extort a demand for a ransom payment; and
‘‘(B) does not include any such event where the demand
for payment is—
‘‘(i) not genuine; or
‘‘(ii) made in good faith by an entity in response
to a specific request by the owner or operator of the
information system.
‘‘(15) SECTOR RISK MANAGEMENT AGENCY.—The term ‘Sector
Risk Management Agency’ has the meaning given the term
in section 2201.
‘‘(16) SIGNIFICANT CYBER INCIDENT.—The term ‘significant
cyber incident’ means a cyber incident, or a group of related
cyber incidents, that the Secretary determines is likely to result
in demonstrable harm to the national security interests, foreign
relations, or economy of the United States or to the public
confidence, civil liberties, or public health and safety of the
people of the United States.
‘‘(17) SUPPLY CHAIN COMPROMISE.—The term ‘supply chain
compromise’ means an incident within the supply chain of
an information system that an adversary can leverage or does
leverage to jeopardize the confidentiality, integrity, or availability of the information system or the information the system
processes, stores, or transmits, and can occur at any point
during the life cycle.
‘‘(18) VIRTUAL CURRENCY.—The term ‘virtual currency’
means the digital representation of value that functions as
a medium of exchange, a unit of account, or a store of value.
‘‘(19) VIRTUAL CURRENCY ADDRESS.—The term ‘virtual currency address’ means a unique public cryptographic key identifying the location to which a virtual currency payment can
be made.
6 USC 681a.
‘‘SEC. 2241. CYBER INCIDENT REVIEW.
‘‘(a) ACTIVITIES.—The Center shall—
‘‘(1) receive, aggregate, analyze, and secure, using processes
consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et
seq.) reports from covered entities related to a covered cyber
incident to assess the effectiveness of security controls, identify
tactics, techniques, and procedures adversaries use to overcome
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Analysis.
Assessments.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1041
those controls and other cybersecurity purposes, including to
assess potential impact of cyber incidents on public health
and safety and to enhance situational awareness of cyber
threats across critical infrastructure sectors;
‘‘(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom
payments, including those utilizing virtual currencies;
‘‘(3) leverage information gathered about cyber incidents
to—
‘‘(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils,
Information Sharing and Analysis Organizations, State,
local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security
researchers; and
‘‘(B) provide appropriate entities, including sector
coordinating councils, Information Sharing and Analysis
Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber
incident response firms, and security researchers, with
timely, actionable, and anonymized reports of cyber
incident campaigns and trends, including, to the maximum
extent practicable, related contextual information, cyber
threat indicators, and defensive measures, pursuant to section 2245;
‘‘(4) establish mechanisms to receive feedback from stakeholders on how the Agency can most effectively receive covered
cyber incident reports, ransom payment reports, and other voluntarily provided information, and how the Agency can most
effectively support private sector cybersecurity;
‘‘(5) facilitate the timely sharing, on a voluntary basis,
between relevant critical infrastructure owners and operators
of information relating to covered cyber incidents and ransom
payments, particularly with respect to ongoing cyber threats
or security vulnerabilities and identify and disseminate ways
to prevent or mitigate similar cyber incidents in the future;
‘‘(6) for a covered cyber incident, including a ransomware
attack, that also satisfies the definition of a significant cyber
incident, or is part of a group of related cyber incidents that
together satisfy such definition, conduct a review of the details
surrounding the covered cyber incident or group of those
incidents and identify and disseminate ways to prevent or
mitigate similar incidents in the future;
‘‘(7) with respect to covered cyber incident reports under
section 2242(a) and 2243 involving an ongoing cyber threat
or security vulnerability, immediately review those reports for
cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders,
in coordination with other divisions within the Agency, as
appropriate;
‘‘(8) publish quarterly unclassified, public reports that
describe aggregated, anonymized observations, findings, and
recommendations based on covered cyber incident reports,
which may be based on the unclassified information contained
in the briefings required under subsection (c);
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Coordination.
Publication.
Time period.
Public
information.
Reports.
PUBL103
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Deadline.
President.
Requirement.
Determination.
Deadline.
Consultation.
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6 USC 681b.
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(9) proactively identify opportunities, consistent with the
protections in section 2245, to leverage and utilize data on
cyber incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other
private sector organizations, to the greatest extent practicable;
and
‘‘(10) in accordance with section 2245 and subsection (b)
of this section, as soon as possible but not later than 24 hours
after receiving a covered cyber incident report, ransom payment
report, voluntarily submitted information pursuant to section
2243, or information received pursuant to a request for information or subpoena under section 2244, make available the
information to appropriate Sector Risk Management Agencies
and other appropriate Federal agencies.
‘‘(b) INTERAGENCY SHARING.—The President or a designee of
the President—
‘‘(1) may establish a specific time requirement for sharing
information under subsection (a)(10); and
‘‘(2) shall determine the appropriate Federal agencies under
subsection (a)(10).
‘‘(c) PERIODIC BRIEFING.—Not later than 60 days after the effective date of the final rule required under section 2242(b), and
on the first day of each month thereafter, the Director, in consultation with the National Cyber Director, the Attorney General, and
the Director of National Intelligence, shall provide to the majority
leader of the Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, the minority leader of the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a briefing that
characterizes the national cyber threat landscape, including the
threat facing Federal agencies and covered entities, and applicable
intelligence and law enforcement information, covered cyber
incidents, and ransomware attacks, as of the date of the briefing,
which shall—
‘‘(1) include the total number of reports submitted under
sections 2242 and 2243 during the preceding month, including
a breakdown of required and voluntary reports;
‘‘(2) include any identified trends in covered cyber incidents
and ransomware attacks over the course of the preceding month
and as compared to previous reports, including any trends
related to the information collected in the reports submitted
under sections 2242 and 2243, including—
‘‘(A) the infrastructure, tactics, and techniques malicious cyber actors commonly use; and
‘‘(B) intelligence gaps that have impeded, or currently
are impeding, the ability to counter covered cyber incidents
and ransomware threats;
‘‘(3) include a summary of the known uses of the information in reports submitted under sections 2242 and 2243; and
‘‘(4) include an unclassified portion, but may include a
classified component.
‘‘SEC. 2242. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS.
‘‘(a) IN GENERAL.—
‘‘(1) COVERED CYBER INCIDENT REPORTS.—
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‘‘(A) IN GENERAL.—A covered entity that experiences
a covered cyber incident shall report the covered cyber
incident to the Agency not later than 72 hours after the
covered entity reasonably believes that the covered cyber
incident has occurred.
‘‘(B) LIMITATION.—The Director may not require
reporting under subparagraph (A) any earlier than 72 hours
after the covered entity reasonably believes that a covered
cyber incident has occurred.
‘‘(2) RANSOM PAYMENT REPORTS.—
‘‘(A) IN GENERAL.—A covered entity that makes a
ransom payment as the result of a ransomware attack
against the covered entity shall report the payment to
the Agency not later than 24 hours after the ransom payment has been made.
‘‘(B) APPLICATION.—The requirements under subparagraph (A) shall apply even if the ransomware attack is
not a covered cyber incident subject to the reporting
requirements under paragraph (1).
‘‘(3) SUPPLEMENTAL REPORTS.—A covered entity shall
promptly submit to the Agency an update or supplement to
a previously submitted covered cyber incident report if substantial new or different information becomes available or if the
covered entity makes a ransom payment after submitting a
covered cyber incident report required under paragraph (1),
until such date that such covered entity notifies the Agency
that the covered cyber incident at issue has concluded and
has been fully mitigated and resolved.
‘‘(4) PRESERVATION OF INFORMATION.—Any covered entity
subject to requirements of paragraph (1), (2), or (3) shall preserve data relevant to the covered cyber incident or ransom
payment in accordance with procedures established in the final
rule issued pursuant to subsection (b).
‘‘(5) EXCEPTIONS.—
‘‘(A) REPORTING OF COVERED CYBER INCIDENT WITH
RANSOM PAYMENT.—If a covered entity is the victim of
a covered cyber incident and makes a ransom payment
prior to the 72 hour requirement under paragraph (1),
such that the reporting requirements under paragraphs
(1) and (2) both apply, the covered entity may submit
a single report to satisfy the requirements of both paragraphs in accordance with procedures established in the
final rule issued pursuant to subsection (b).
‘‘(B) SUBSTANTIALLY SIMILAR REPORTED INFORMATION.—
‘‘(i) IN GENERAL.—Subject to the limitation
described in clause (ii), where the Agency has an agreement in place that satisfies the requirements of section
104(a) of the Cyber Incident Reporting for Critical
Infrastructure Act of 2022, the requirements under
paragraphs (1), (2), and (3) shall not apply to a covered
entity required by law, regulation, or contract to report
substantially similar information to another Federal
agency within a substantially similar timeframe.
‘‘(ii) LIMITATION.—The exemption in clause (i) shall
take effect with respect to a covered entity once an
agency agreement and sharing mechanism is in place
between the Agency and the respective Federal agency,
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Notification.
Applicability.
PUBL103
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Determination.
Deadlines.
Consultation.
Federal Register,
publication.
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PUBLIC LAW 117–103—MAR. 15, 2022
pursuant to section 104(a) of the Cyber Incident
Reporting for Critical Infrastructure Act of 2022.
‘‘(iii) RULES OF CONSTRUCTION.—Nothing in this
paragraph shall be construed to—
‘‘(I) exempt a covered entity from the reporting
requirements under paragraph (3) unless the
supplemental report also meets the requirements
of clauses (i) and (ii) of this paragraph;
‘‘(II) prevent the Agency from contacting an
entity submitting information to another Federal
agency that is provided to the Agency pursuant
to section 104 of the Cyber Incident Reporting
for Critical Infrastructure Act of 2022; or
‘‘(III) prevent an entity from communicating
with the Agency.
‘‘(C) DOMAIN NAME SYSTEM.—The requirements under
paragraphs (1), (2) and (3) shall not apply to a covered
entity or the functions of a covered entity that the Director
determines constitute critical infrastructure owned, operated, or governed by multi-stakeholder organizations that
develop, implement, and enforce policies concerning the
Domain Name System, such as the Internet Corporation
for Assigned Names and Numbers or the Internet Assigned
Numbers Authority.
‘‘(6) MANNER, TIMING, AND FORM OF REPORTS.—Reports
made under paragraphs (1), (2), and (3) shall be made in
the manner and form, and within the time period in the case
of reports made under paragraph (3), prescribed in the final
rule issued pursuant to subsection (b).
‘‘(7) EFFECTIVE DATE.—Paragraphs (1) through (4) shall
take effect on the dates prescribed in the final rule issued
pursuant to subsection (b).
‘‘(b) RULEMAKING.—
‘‘(1) NOTICE OF PROPOSED RULEMAKING.—Not later than
24 months after the date of enactment of this section, the
Director, in consultation with Sector Risk Management Agencies, the Department of Justice, and other Federal agencies,
shall publish in the Federal Register a notice of proposed rulemaking to implement subsection (a).
‘‘(2) FINAL RULE.—Not later than 18 months after publication of the notice of proposed rulemaking under paragraph
(1), the Director shall issue a final rule to implement subsection
(a).
‘‘(3) SUBSEQUENT RULEMAKINGS.—
‘‘(A) IN GENERAL.—The Director is authorized to issue
regulations to amend or revise the final rule issued pursuant to paragraph (2).
‘‘(B) PROCEDURES.—Any subsequent rules issued under
subparagraph (A) shall comply with the requirements
under chapter 5 of title 5, United States Code, including
the issuance of a notice of proposed rulemaking under
section 553 of such title.
‘‘(c) ELEMENTS.—The final rule issued pursuant to subsection
(b) shall be composed of the following elements:
‘‘(1) A clear description of the types of entities that constitute covered entities, based on—
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‘‘(A) the consequences that disruption to or compromise
of such an entity could cause to national security, economic
security, or public health and safety;
‘‘(B) the likelihood that such an entity may be targeted
by a malicious cyber actor, including a foreign country;
and
‘‘(C) the extent to which damage, disruption, or
unauthorized access to such an entity, including the
accessing of sensitive cybersecurity vulnerability information or penetration testing tools or techniques, will likely
enable the disruption of the reliable operation of critical
infrastructure.
‘‘(2) A clear description of the types of substantial cyber
incidents that constitute covered cyber incidents, which shall—
‘‘(A) at a minimum, require the occurrence of—
‘‘(i) a cyber incident that leads to substantial loss
of confidentiality, integrity, or availability of such
information system or network, or a serious impact
on the safety and resiliency of operational systems
and processes;
‘‘(ii) a disruption of business or industrial operations, including due to a denial of service attack,
ransomware attack, or exploitation of a zero day
vulnerability, against
‘‘(I) an information system or network; or
‘‘(II) an operational technology system or
process; or
‘‘(iii) unauthorized access or disruption of business
or industrial operations due to loss of service facilitated
through, or caused by, a compromise of a cloud service
provider, managed service provider, or other thirdparty data hosting provider or by a supply chain compromise;
‘‘(B) consider—
‘‘(i) the sophistication or novelty of the tactics used
to perpetrate such a cyber incident, as well as the
type, volume, and sensitivity of the data at issue;
‘‘(ii) the number of individuals directly or indirectly
affected or potentially affected by such a cyber incident;
and
‘‘(iii) potential impacts on industrial control systems, such as supervisory control and data acquisition
systems, distributed control systems, and programmable logic controllers; and
‘‘(C) exclude—
‘‘(i) any event where the cyber incident is perpetrated in good faith by an entity in response to
a specific request by the owner or operator of the
information system; and
‘‘(ii) the threat of disruption as extortion, as
described in section 2240(14)(A).
‘‘(3) A requirement that, if a covered cyber incident or
a ransom payment occurs following an exempted threat
described in paragraph (2)(C)(ii), the covered entity shall comply
with the requirements in this subtitle in reporting the covered
cyber incident or ransom payment.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(4) A clear description of the specific required contents
of a report pursuant to subsection (a)(1), which shall include
the following information, to the extent applicable and available, with respect to a covered cyber incident:
‘‘(A) A description of the covered cyber incident,
including—
‘‘(i) identification and a description of the function
of the affected information systems, networks, or
devices that were, or are reasonably believed to have
been, affected by such cyber incident;
‘‘(ii) a description of the unauthorized access with
substantial loss of confidentiality, integrity, or availability of the affected information system or network
or disruption of business or industrial operations;
‘‘(iii) the estimated date range of such incident;
and
‘‘(iv) the impact to the operations of the covered
entity.
‘‘(B) Where applicable, a description of the
vulnerabilities exploited and the security defenses that
were in place, as well as the tactics, techniques, and procedures used to perpetrate the covered cyber incident.
‘‘(C) Where applicable, any identifying or contact
information related to each actor reasonably believed to
be responsible for such cyber incident.
‘‘(D) Where applicable, identification of the category
or categories of information that were, or are reasonably
believed to have been, accessed or acquired by an unauthorized person.
‘‘(E) The name and other information that clearly
identifies the covered entity impacted by the covered cyber
incident, including, as applicable, the State of incorporation
or formation of the covered entity, trade names, legal
names, or other identifiers.
‘‘(F) Contact information, such as telephone number
or electronic mail address, that the Agency may use to
contact the covered entity or an authorized agent of such
covered entity, or, where applicable, the service provider
of such covered entity acting with the express permission
of, and at the direction of, the covered entity to assist
with compliance with the requirements of this subtitle.
‘‘(5) A clear description of the specific required contents
of a report pursuant to subsection (a)(2), which shall be the
following information, to the extent applicable and available,
with respect to a ransom payment:
‘‘(A) A description of the ransomware attack, including
the estimated date range of the attack.
‘‘(B) Where applicable, a description of the
vulnerabilities, tactics, techniques, and procedures used
to perpetrate the ransomware attack.
‘‘(C) Where applicable, any identifying or contact
information related to the actor or actors reasonably
believed to be responsible for the ransomware attack.
‘‘(D) The name and other information that clearly
identifies the covered entity that made the ransom payment
or on whose behalf the payment was made.
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‘‘(E) Contact information, such as telephone number
or electronic mail address, that the Agency may use to
contact the covered entity that made the ransom payment
or an authorized agent of such covered entity, or, where
applicable, the service provider of such covered entity
acting with the express permission of, and at the direction
of, that covered entity to assist with compliance with the
requirements of this subtitle.
‘‘(F) The date of the ransom payment.
‘‘(G) The ransom payment demand, including the type
of virtual currency or other commodity requested, if
applicable.
‘‘(H) The ransom payment instructions, including
information regarding where to send the payment, such
as the virtual currency address or physical address the
funds were requested to be sent to, if applicable.
‘‘(I) The amount of the ransom payment.
‘‘(6) A clear description of the types of data required to
be preserved pursuant to subsection (a)(4), the period of time
for which the data is required to be preserved, and allowable
uses, processes, and procedures.
‘‘(7) Deadlines and criteria for submitting supplemental
reports to the Agency required under subsection (a)(3), which
shall—
‘‘(A) be established by the Director in consultation with
the Council;
‘‘(B) consider any existing regulatory reporting requirements similar in scope, purpose, and timing to the reporting
requirements to which such a covered entity may also
be subject, and make efforts to harmonize the timing and
contents of any such reports to the maximum extent practicable;
‘‘(C) balance the need for situational awareness with
the ability of the covered entity to conduct cyber incident
response and investigations; and
‘‘(D) provide a clear description of what constitutes
substantial new or different information.
‘‘(8) Procedures for—
‘‘(A) entities, including third parties pursuant to subsection (d)(1), to submit reports required by paragraphs
(1), (2), and (3) of subsection (a), including the manner
and form thereof, which shall include, at a minimum, a
concise, user-friendly web-based form;
‘‘(B) the Agency to carry out—
‘‘(i) the enforcement provisions of section 2244,
including with respect to the issuance, service, withdrawal, referral process, and enforcement of subpoenas,
appeals and due process procedures;
‘‘(ii) other available enforcement mechanisms
including acquisition, suspension and debarment procedures; and
‘‘(iii) other aspects of noncompliance;
‘‘(C) implementing the exceptions provided in subsection (a)(5); and
‘‘(D) protecting privacy and civil liberties consistent
with processes adopted pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b)) and
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Consultation.
Procedures.
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PUBLIC LAW 117–103—MAR. 15, 2022
anonymizing and safeguarding, or no longer retaining,
information received and disclosed through covered cyber
incident reports and ransom payment reports that is known
to be personal information of a specific individual or
information that identifies a specific individual that is not
directly related to a cybersecurity threat.
‘‘(9) Other procedural measures directly necessary to implement subsection (a).
‘‘(d) THIRD PARTY REPORT SUBMISSION AND RANSOM PAYMENT.—
‘‘(1) REPORT SUBMISSION.—A covered entity that is required
to submit a covered cyber incident report or a ransom payment
report may use a third party, such as an incident response
company, insurance provider, service provider, Information
Sharing and Analysis Organization, or law firm, to submit
the required report under subsection (a).
‘‘(2) RANSOM PAYMENT.—If a covered entity impacted by
a ransomware attack uses a third party to make a ransom
payment, the third party shall not be required to submit a
ransom payment report for itself under subsection (a)(2).
‘‘(3) DUTY TO REPORT.—Third-party reporting under this
subparagraph does not relieve a covered entity from the duty
to comply with the requirements for covered cyber incident
report or ransom payment report submission.
‘‘(4) RESPONSIBILITY TO ADVISE.—Any third party used by
a covered entity that knowingly makes a ransom payment
on behalf of a covered entity impacted by a ransomware attack
shall advise the impacted covered entity of the responsibilities
of the impacted covered entity regarding reporting ransom payments under this section.
‘‘(e) OUTREACH TO COVERED ENTITIES.—
‘‘(1) IN GENERAL.—The Agency shall conduct an outreach
and education campaign to inform likely covered entities, entities that offer or advertise as a service to customers to make
or facilitate ransom payments on behalf of covered entities
impacted by ransomware attacks and other appropriate entities
of the requirements of paragraphs (1), (2), and (3) of subsection
(a).
‘‘(2) ELEMENTS.—The outreach and education campaign
under paragraph (1) shall include the following:
‘‘(A) An overview of the final rule issued pursuant
to subsection (b).
‘‘(B) An overview of mechanisms to submit to the
Agency covered cyber incident reports, ransom payment
reports, and information relating to the disclosure, retention, and use of covered cyber incident reports and ransom
payment reports under this section.
‘‘(C) An overview of the protections afforded to covered
entities for complying with the requirements under paragraphs (1), (2), and (3) of subsection (a).
‘‘(D) An overview of the steps taken under section
2244 when a covered entity is not in compliance with
the reporting requirements under subsection (a).
‘‘(E) Specific outreach to cybersecurity vendors, cyber
incident response providers, cybersecurity insurance entities, and other entities that may support covered entities.
‘‘(F) An overview of the privacy and civil liberties
requirements in this subtitle.
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136 STAT. 1049
‘‘(3) COORDINATION.—In conducting the outreach and education campaign required under paragraph (1), the Agency
may coordinate with—
‘‘(A) the Critical Infrastructure Partnership Advisory
Council established under section 871;
‘‘(B) Information Sharing and Analysis Organizations;
‘‘(C) trade associations;
‘‘(D) information sharing and analysis centers;
‘‘(E) sector coordinating councils; and
‘‘(F) any other entity as determined appropriate by
the Director.
‘‘(f) EXEMPTION.—Sections 3506(c), 3507, 3508, and 3509 of
title 44, United States Code, shall not apply to any action to
carry out this section.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall
affect the authorities of the Federal Government to implement
the requirements of Executive Order 14028 (86 Fed. Reg. 26633;
relating to improving the nation’s cybersecurity), including changes
to the Federal Acquisition Regulations and remedies to include
suspension and debarment.
‘‘(h) SAVINGS PROVISION.—Nothing in this section shall be construed to supersede or to abrogate, modify, or otherwise limit the
authority that is vested in any officer or any agency of the United
States Government to regulate or take action with respect to the
cybersecurity of an entity.
‘‘SEC. 2243. VOLUNTARY REPORTING OF OTHER CYBER INCIDENTS.
Determination.
6 USC 681c.
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‘‘(a) IN GENERAL.—Entities may voluntarily report cyber
incidents or ransom payments to the Agency that are not required
under paragraph (1), (2), or (3) of section 2242(a), but may enhance
the situational awareness of cyber threats.
‘‘(b) VOLUNTARY PROVISION OF ADDITIONAL INFORMATION IN
REQUIRED REPORTS.—Covered entities may voluntarily include in
reports required under paragraph (1), (2), or (3) of section 2242(a)
information that is not required to be included, but may enhance
the situational awareness of cyber threats.
‘‘(c) APPLICATION OF PROTECTIONS.—The protections under section 2245 applicable to reports made under section 2242 shall
apply in the same manner and to the same extent to reports
and information submitted under subsections (a) and (b).
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‘‘SEC. 2244. NONCOMPLIANCE WITH REQUIRED REPORTING.
6 USC 681d.
‘‘(a) PURPOSE.—In the event that a covered entity that is
required to submit a report under section 2242(a) fails to comply
with the requirement to report, the Director may obtain information
about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident
or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered
entity, pursuant to subsection (c), to gather information sufficient
to determine whether a covered cyber incident or ransom payment
has occurred.
‘‘(b) INITIAL REQUEST FOR INFORMATION.—
‘‘(1) IN GENERAL.—If the Director has reason to believe,
whether through public reporting or other information in the
possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of section
2241(a), that a covered entity has experienced a covered cyber
Subpoenas.
Determination.
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Deadline.
Subpoenas.
Determination.
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incident or made a ransom payment but failed to report such
cyber incident or payment to the Agency in accordance with
section 2242(a), the Director may request additional information
from the covered entity to confirm whether or not a covered
cyber incident or ransom payment has occurred.
‘‘(2) TREATMENT.—Information provided to the Agency in
response to a request under paragraph (1) shall be treated
as if it was submitted through the reporting procedures established in section 2242.
‘‘(c) ENFORCEMENT.—
‘‘(1) IN GENERAL.—If, after the date that is 72 hours from
the date on which the Director made the request for information
in subsection (b), the Director has received no response from
the covered entity from which such information was requested,
or received an inadequate response, the Director may issue
to such covered entity a subpoena to compel disclosure of
information the Director deems necessary to determine whether
a covered cyber incident or ransom payment has occurred and
obtain the information required to be reported pursuant to
section 2242 and any implementing regulations, and assess
potential impacts to national security, economic security, or
public health and safety.
‘‘(2) CIVIL ACTION.—
‘‘(A) IN GENERAL.—If a covered entity fails to comply
with a subpoena, the Director may refer the matter to
the Attorney General to bring a civil action in a district
court of the United States to enforce such subpoena.
‘‘(B) VENUE.—An action under this paragraph may be
brought in the judicial district in which the covered entity
against which the action is brought resides, is found, or
does business.
‘‘(C) CONTEMPT OF COURT.—A court may punish a
failure to comply with a subpoena issued under this subsection as contempt of court.
‘‘(3) NON-DELEGATION.—The authority of the Director to
issue a subpoena under this subsection may not be delegated.
‘‘(4) AUTHENTICATION.—
‘‘(A) IN GENERAL.—Any subpoena issued electronically
pursuant to this subsection shall be authenticated with
a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor
technology, that allows the Agency to demonstrate that
such subpoena was issued by the Agency and has not
been altered or modified since such issuance.
‘‘(B) INVALID IF NOT AUTHENTICATED.—Any subpoena
issued electronically pursuant to this subsection that is
not authenticated in accordance with subparagraph (A)
shall not be considered to be valid by the recipient of
such subpoena.
‘‘(d) PROVISION OF CERTAIN INFORMATION TO ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—Notwithstanding section 2245(a)(5) and
paragraph (b)(2) of this section, if the Director determines,
based on the information provided in response to a subpoena
issued pursuant to subsection (c), that the facts relating to
the cyber incident or ransom payment at issue may constitute
grounds for a regulatory enforcement action or criminal
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136 STAT. 1051
prosecution, the Director may provide such information to the
Attorney General or the head of the appropriate Federal regulatory agency, who may use such information for a regulatory
enforcement action or criminal prosecution.
‘‘(2) CONSULTATION.—The Director may consult with the
Attorney General or the head of the appropriate Federal regulatory agency when making the determination under paragraph
(1).
‘‘(e) CONSIDERATIONS.—When determining whether to exercise
the authorities provided under this section, the Director shall take
into consideration—
‘‘(1) the complexity in determining if a covered cyber
incident has occurred; and
‘‘(2) prior interaction with the Agency or awareness of
the covered entity of the policies and procedures of the Agency
for reporting covered cyber incidents and ransom payments.
‘‘(f) EXCLUSIONS.—This section shall not apply to a State, local,
Tribal, or territorial government entity.
‘‘(g) REPORT TO CONGRESS.—The Director shall submit to Congress an annual report on the number of times the Director—
‘‘(1) issued an initial request for information pursuant to
subsection (b);
‘‘(2) issued a subpoena pursuant to subsection (c); or
‘‘(3) referred a matter to the Attorney General for a civil
action pursuant to subsection (c)(2).
‘‘(h) PUBLICATION OF THE ANNUAL REPORT.—The Director shall
publish a version of the annual report required under subsection
(g) on the website of the Agency, which shall include, at a minimum,
the number of times the Director—
‘‘(1) issued an initial request for information pursuant to
subsection (b); or
‘‘(2) issued a subpoena pursuant to subsection (c).
‘‘(i) ANONYMIZATION OF REPORTS.—The Director shall ensure
any victim information contained in a report required to be published under subsection (h) be anonymized before the report is
published.
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‘‘SEC. 2245. INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL GOVERNMENT.
Determination.
Web posting.
6 USC 681e.
‘‘(a) DISCLOSURE, RETENTION, AND USE.—
‘‘(1) AUTHORIZED ACTIVITIES.—Information provided to the
Agency pursuant to section 2242 or 2243 may be disclosed
to, retained by, and used by, consistent with otherwise
applicable provisions of Federal law, any Federal agency or
department, component, officer, employee, or agent of the Federal Government solely for—
‘‘(A) a cybersecurity purpose;
‘‘(B) the purpose of identifying—
‘‘(i) a cyber threat, including the source of the
cyber threat; or
‘‘(ii) a security vulnerability;
‘‘(C) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific
threat of serious bodily harm, or a specific threat of serious
economic harm, including a terrorist act or use of a weapon
of mass destruction;
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‘‘(D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats
to physical safety; or
‘‘(E) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a cyber
incident reported pursuant to section 2242 or 2243 or any
of the offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 (6 U.S.C. 1504(d)(5)(A)(v)).
‘‘(2) AGENCY ACTIONS AFTER RECEIPT.—
‘‘(A) RAPID, CONFIDENTIAL SHARING OF CYBER THREAT
INDICATORS.—Upon receiving a covered cyber incident or
ransom payment report submitted pursuant to this section,
the Agency shall immediately review the report to determine whether the cyber incident that is the subject of
the report is connected to an ongoing cyber threat or security vulnerability and where applicable, use such report
to identify, develop, and rapidly disseminate to appropriate
stakeholders actionable, anonymized cyber threat indicators and defensive measures.
‘‘(B)
PRINCIPLES
FOR
SHARING
SECURITY
VULNERABILITIES.—With respect to information in a covered
cyber incident or ransom payment report regarding a security vulnerability referred to in paragraph (1)(B)(ii), the
Director shall develop principles that govern the timing
and manner in which information relating to security
vulnerabilities may be shared, consistent with common
industry best practices and United States and international
standards.
‘‘(3) PRIVACY AND CIVIL LIBERTIES.—Information contained
in covered cyber incident and ransom payment reports submitted to the Agency pursuant to section 2242 shall be retained,
used, and disseminated, where permissible and appropriate,
by the Federal Government in accordance with processes to
be developed for the protection of personal information consistent with processes adopted pursuant to section 105 of the
Cybersecurity Act of 2015 (6 U.S.C. 1504) and in a manner
that protects personal information from unauthorized use or
unauthorized disclosure.
‘‘(4) DIGITAL SECURITY.—The Agency shall ensure that
reports submitted to the Agency pursuant to section 2242,
and any information contained in those reports, are collected,
stored, and protected at a minimum in accordance with the
requirements for moderate impact Federal information systems,
as described in Federal Information Processing Standards
Publication 199, or any successor document.
‘‘(5) PROHIBITION ON USE OF INFORMATION IN REGULATORY
ACTIONS.—
‘‘(A) IN GENERAL.—A Federal, State, local, or Tribal
government shall not use information about a covered cyber
incident or ransom payment obtained solely through
reporting directly to the Agency in accordance with this
subtitle to regulate, including through an enforcement
action, the activities of the covered entity or entity that
made a ransom payment, unless the government entity
expressly allows entities to submit reports to the Agency
to meet regulatory reporting obligations of the entity.
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‘‘(B) CLARIFICATION.—A report submitted to the Agency
pursuant to section 2242 or 2243 may, consistent with
Federal or State regulatory authority specifically relating
to the prevention and mitigation of cybersecurity threats
to information systems, inform the development or
implementation of regulations relating to such systems.
‘‘(b) PROTECTIONS FOR REPORTING ENTITIES AND INFORMATION.—Reports describing covered cyber incidents or ransom payments submitted to the Agency by entities in accordance with
section 2242, as well as voluntarily-submitted cyber incident reports
submitted to the Agency pursuant to section 2243, shall—
‘‘(1) be considered the commercial, financial, and proprietary information of the covered entity when so designated
by the covered entity;
‘‘(2) be exempt from disclosure under section 552(b)(3) of
title 5, United States Code (commonly known as the ‘Freedom
of Information Act’), as well as any provision of State, Tribal,
or local freedom of information law, open government law,
open meetings law, open records law, sunshine law, or similar
law requiring disclosure of information or records;
‘‘(3) be considered not to constitute a waiver of any
applicable privilege or protection provided by law, including
trade secret protection; and
‘‘(4) not be subject to a rule of any Federal agency or
department or any judicial doctrine regarding ex parte communications with a decision-making official.
‘‘(c) LIABILITY PROTECTIONS.—
‘‘(1) IN GENERAL.—No cause of action shall lie or be maintained in any court by any person or entity and any such
action shall be promptly dismissed for the submission of a
report pursuant to section 2242(a) that is submitted in conformance with this subtitle and the rule promulgated under section
2242(b), except that this subsection shall not apply with regard
to an action by the Federal Government pursuant to section
2244(c)(2).
‘‘(2) SCOPE.—The liability protections provided in this subsection shall only apply to or affect litigation that is solely
based on the submission of a covered cyber incident report
or ransom payment report to the Agency.
‘‘(3) RESTRICTIONS.—Notwithstanding paragraph (2), no
report submitted to the Agency pursuant to this subtitle or
any communication, document, material, or other record, created for the sole purpose of preparing, drafting, or submitting
such report, may be received in evidence, subject to discovery,
or otherwise used in any trial, hearing, or other proceeding
in or before any court, regulatory body, or other authority
of the United States, a State, or a political subdivision thereof,
provided that nothing in this subtitle shall create a defense
to discovery or otherwise affect the discovery of any communication, document, material, or other record not created for the
sole purpose of preparing, drafting, or submitting such report.
‘‘(d) SHARING WITH NON-FEDERAL ENTITIES.—The Agency shall
anonymize the victim who reported the information when making
information provided in reports received under section 2242 available to critical infrastructure owners and operators and the general
public.
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136 STAT. 1054
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‘‘(e) STORED COMMUNICATIONS ACT.—Nothing in this subtitle
shall be construed to permit or require disclosure by a provider
of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted
or required to be disclosed under chapter 121 of title 18, United
States Code (commonly known as the ‘Stored Communications Act’).
6 USC 681f.
‘‘SEC. 2246. CYBER INCIDENT REPORTING COUNCIL.
Consultation.
Coordination.
‘‘(a) RESPONSIBILITY OF THE SECRETARY.—The Secretary shall
lead an intergovernmental Cyber Incident Reporting Council, in
consultation with the Director of the Office of Management and
Budget, the Attorney General, the National Cyber Director, Sector
Risk Management Agencies, and other appropriate Federal agencies, to coordinate, deconflict, and harmonize Federal incident
reporting requirements, including those issued through regulations.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall
be construed to provide any additional regulatory authority to any
Federal entity.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107–296; 116 Stat. 2135) is amended by inserting
after the items relating to subtitle C of title XXII the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
6 USC 681g.
(a) CYBER INCIDENT REPORTING SHARING.—
(1) IN GENERAL.—Notwithstanding any other provision of
law or regulation, any Federal agency, including any independent establishment (as defined in section 104 of title 5,
United States Code), that receives a report from an entity
of a cyber incident, including a ransomware attack, shall provide the report to the Agency as soon as possible, but not
later than 24 hours after receiving the report, unless a shorter
period is required by an agreement made between the Department of Homeland Security (including the Cybersecurity and
Infrastructure Security Agency) and the recipient Federal
agency. The Director shall share and coordinate each report
pursuant to section 2241(b) of the Homeland Security Act of
2002, as added by section 103 of this division.
(2) RULE OF CONSTRUCTION.—The requirements described
in paragraph (1) and section 2245(d) of the Homeland Security
Act of 2002, as added by section 103 of this division, may
not be construed to be a violation of any provision of law
or policy that would otherwise prohibit disclosure or provision
of information within the executive branch.
(3) PROTECTION OF INFORMATION.—The Director shall
comply with any obligations of the recipient Federal agency
described in paragraph (1) to protect information, including
with respect to privacy, confidentiality, or information security,
if those obligations would impose greater protection requirements than this division or the amendments made by this
division.
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Compliance.
05:42 Jun 13, 2022
‘‘Subtitle D—Cyber Incident Reporting
Definitions.
Cyber Incident Review.
Required reporting of certain cyber incidents.
Voluntary reporting of other cyber incidents.
Noncompliance with required reporting.
Information shared with or provided to the Federal Government.
Cyber Incident Reporting Council.’’.
SEC. 104. FEDERAL SHARING OF INCIDENT REPORTS.
Coordination.
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2240.
2241.
2242.
2243.
2244.
2245.
2246.
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(4) EFFECTIVE DATE.—This subsection shall take effect on
the effective date of the final rule issued pursuant to section
2242(b) of the Homeland Security Act of 2002, as added by
section 103 of this division.
(5) AGENCY AGREEMENTS.—
(A) IN GENERAL.—The Agency and any Federal agency,
including any independent establishment (as defined in
section 104 of title 5, United States Code), that receives
incident reports from entities, including due to ransomware
attacks, shall, as appropriate, enter into a documented
agreement to establish policies, processes, procedures, and
mechanisms to ensure reports are shared with the Agency
pursuant to paragraph (1).
(B) AVAILABILITY.—To the maximum extent practicable, each documented agreement required under
subparagraph (A) shall be made publicly available.
(C) REQUIREMENT.—The documented agreements
required by subparagraph (A) shall require reports be
shared from Federal agencies with the Agency in such
time as to meet the overall timeline for covered entity
reporting of covered cyber incidents and ransom payments
established in section 2242 of the Homeland Security Act
of 2002, as added by section 103 of this division.
(b) HARMONIZING REPORTING REQUIREMENTS.—The Secretary
of Homeland Security, acting through the Director, shall, in consultation with the Cyber Incident Reporting Council described in
section 2246 of the Homeland Security Act of 2002, as added by
section 103 of this division, to the maximum extent practicable—
(1) periodically review existing regulatory requirements,
including the information required in such reports, to report
incidents and ensure that any such reporting requirements
and procedures avoid conflicting, duplicative, or burdensome
requirements; and
(2) coordinate with appropriate Federal partners and regulatory authorities that receive reports relating to incidents to
identify opportunities to streamline reporting processes, and
where feasible, facilitate interagency agreements between such
authorities to permit the sharing of such reports, consistent
with applicable law and policy, without impacting the ability
of the Agency to gain timely situational awareness of a covered
cyber incident or ransom payment.
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Public
information.
Consultation.
Reviews.
Coordination.
SEC. 105. RANSOMWARE VULNERABILITY WARNING PILOT PROGRAM.
6 USC 652 note.
(a) PROGRAM.—Not later than 1 year after the date of enactment
of this Act, the Director shall establish a ransomware vulnerability
warning pilot program to leverage existing authorities and technology to specifically develop processes and procedures for, and
to dedicate resources to, identifying information systems that contain security vulnerabilities associated with common ransomware
attacks, and to notify the owners of those vulnerable systems of
their security vulnerability.
(b) IDENTIFICATION OF VULNERABLE SYSTEMS.—The pilot program established under subsection (a) shall—
(1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and
Deadline.
Procedures.
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136 STAT. 1056
(2) utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1).
(c) ENTITY NOTIFICATION.—
(1) IDENTIFICATION.—If the Director is able to identify the
entity at risk that owns or operates a vulnerable information
system identified in subsection (b), the Director may notify
the owner of the information system.
(2) NO IDENTIFICATION.—If the Director is not able to identify the entity at risk that owns or operates a vulnerable
information system identified in subsection (b), the Director
may utilize the subpoena authority pursuant to section 2209
of the Homeland Security Act of 2002 (6 U.S.C. 659) to identify
and notify the entity at risk pursuant to the procedures under
that section.
(3) REQUIRED INFORMATION.—A notification made under
paragraph (1) shall include information on the identified security vulnerability and mitigation techniques.
(d) PRIORITIZATION OF NOTIFICATIONS.—To the extent practicable, the Director shall prioritize covered entities for identification and notification activities under the pilot program established
under this section.
(e) LIMITATION ON PROCEDURES.—No procedure, notification,
or other authorities utilized in the execution of the pilot program
established under subsection (a) shall require an owner or operator
of a vulnerable information system to take any action as a result
of a notice of a security vulnerability made pursuant to subsection
(c).
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to provide additional authorities to the Director to identify
vulnerabilities or vulnerable systems.
(g) TERMINATION.—The pilot program established under subsection (a) shall terminate on the date that is 4 years after the
date of enactment of this Act.
Subpoenas.
SEC. 106. RANSOMWARE THREAT MITIGATION ACTIVITIES.
6 USC 665j.
Deadline.
Consultation.
Establishment.
Coordination.
Determination.
Consultation.
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Coordination.
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(a) JOINT RANSOMWARE TASK FORCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Director, in consultation with
the National Cyber Director, the Attorney General, and the
Director of the Federal Bureau of Investigation, shall establish
and chair the Joint Ransomware Task Force to coordinate
an ongoing nationwide campaign against ransomware attacks,
and identify and pursue opportunities for international cooperation.
(2) COMPOSITION.—The Joint Ransomware Task Force shall
consist of participants from Federal agencies, as determined
appropriate by the National Cyber Director in consultation
with the Secretary of Homeland Security.
(3) RESPONSIBILITIES.—The Joint Ransomware Task Force,
utilizing only existing authorities of each participating Federal
agency, shall coordinate across the Federal Government the
following activities:
(A) Prioritization of intelligence-driven operations to
disrupt specific ransomware actors.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1057
(B) Consult with relevant private sector, State, local,
Tribal, and territorial governments and international stakeholders to identify needs and establish mechanisms for
providing input into the Joint Ransomware Task Force.
(C) Identifying, in consultation with relevant entities,
a list of highest threat ransomware entities updated on
an ongoing basis, in order to facilitate—
(i) prioritization for Federal action by appropriate
Federal agencies; and
(ii) identify metrics for success of said actions.
(D) Disrupting ransomware criminal actors, associated
infrastructure, and their finances.
(E) Facilitating coordination and collaboration between
Federal entities and relevant entities, including the private
sector, to improve Federal actions against ransomware
threats.
(F) Collection, sharing, and analysis of ransomware
trends to inform Federal actions.
(G) Creation of after-action reports and other lessons
learned from Federal actions that identify successes and
failures to improve subsequent actions.
(H) Any other activities determined appropriate by
the Joint Ransomware Task Force to mitigate the threat
of ransomware attacks.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to provide any additional authority to any Federal agency.
Consultation.
Consultation.
Coordination.
Analysis.
Reports.
Determination.
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SEC. 107. CONGRESSIONAL REPORTING.
(a) REPORT ON STAKEHOLDER ENGAGEMENT.—Not later than
30 days after the date on which the Director issues the final
rule under section 2242(b) of the Homeland Security Act of 2002,
as added by section 103 of this division, the Director shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report that describes how the Director
engaged stakeholders in the development of the final rule.
(b) REPORT ON OPPORTUNITIES TO STRENGTHEN SECURITY
RESEARCH.—Not later than 1 year after the date of enactment
of this Act, the Director shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a report
describing how the National Cybersecurity and Communications
Integration Center established under section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659) has carried out activities under
section 2241(a)(9) of the Homeland Security Act of 2002, as added
by section 103 of this division, by proactively identifying opportunities to use cyber incident data to inform and enable cybersecurity
research within the academic and private sector.
(c) REPORT ON RANSOMWARE VULNERABILITY WARNING PILOT
PROGRAM.—Not later than 1 year after the date of enactment of
this Act, and annually thereafter for the duration of the pilot
program established under section 105, the Director shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report, which may include a classified
annex, on the effectiveness of the pilot program, which shall include
a discussion of the following:
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Annex.
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136 STAT. 1058
(1) The effectiveness of the notifications under section
105(c) in mitigating security vulnerabilities and the threat of
ransomware.
(2) Identification of the most common vulnerabilities utilized in ransomware.
(3) The number of notifications issued during the preceding
year.
(4) To the extent practicable, the number of vulnerable
devices or systems mitigated under the pilot program by the
Agency during the preceding year.
(d) REPORT ON HARMONIZATION OF REPORTING REGULATIONS.—
(1) IN GENERAL.—Not later than 180 days after the date
on which the Secretary of Homeland Security convenes the
Cyber Incident Reporting Council described in section 2246
of the Homeland Security Act of 2002, as added by section
103 of this division, the Secretary of Homeland Security shall
submit to the appropriate congressional committees a report
that includes—
(A) a list of duplicative Federal cyber incident reporting
requirements on covered entities;
(B) a description of any challenges in harmonizing
the duplicative reporting requirements;
(C) any actions the Director intends to take to facilitate
harmonizing the duplicative reporting requirements; and
(D) any proposed legislative changes necessary to
address the duplicative reporting.
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)
shall be construed to provide any additional regulatory
authority to any Federal agency.
(e) GAO REPORTS.—
(1) IMPLEMENTATION OF THIS DIVISION.—Not later than 2
years 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 Homeland Security of the House of
Representatives a report on the implementation of this division
and the amendments made by this division.
(2) EXEMPTIONS TO REPORTING.—Not later than 1 year after
the date on which the Director issues the final rule required
under section 2242(b) of the Homeland Security Act of 2002,
as added by section 103 of this division, 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 Homeland Security of the House of
Representatives a report on the exemptions to reporting under
paragraphs (2) and (5) of section 2242(a) of the Homeland
Security Act of 2002, as added by section 103 of this division,
which shall include—
(A) to the extent practicable, an evaluation of the
quantity of cyber incidents not reported to the Federal
Government;
(B) an evaluation of the impact on impacted entities,
homeland security, and the national economy due to cyber
incidents, ransomware attacks, and ransom payments,
including a discussion on the scope of impact of cyber
incidents that were not reported to the Federal Government;
List.
Legislative
proposals.
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Evaluations.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1059
(C) an evaluation of the burden, financial and otherwise, on entities required to report cyber incidents under
this division, including an analysis of entities that meet
the definition of a small business concern under section
3 of the Small Business Act (15 U.S.C. 632); and
(D) a description of the consequences and effects of
limiting covered cyber incident and ransom payment
reporting to only covered entities.
(f) REPORT ON EFFECTIVENESS OF ENFORCEMENT MECHANISMS.—Not later than 1 year after the date on which the Director
issues the final rule required under section 2242(b) of the Homeland
Security Act of 2002, as added by section 103 of this division,
the Director shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the effectiveness of the enforcement mechanisms within section
2244 of the Homeland Security Act of 2002, as added by section
103 of this division.
DIVISION Z—ISRAEL RELATIONS
NORMALIZATION ACT OF 2022
Israel Relations
Normalization
Act of 2022.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Israel Relations Normalization Act of 2022’’.
22 USC 8601
note.
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SEC. 102. FINDINGS.
Congress makes the following findings:
(1) Support for peace between Israel and its neighbors
has longstanding bipartisan support in Congress.
(2) For decades, Congress has promoted Israel’s acceptance
among Arab and other relevant countries and regions by
passing numerous laws opposing efforts to boycott, isolate, and
stigmatize America’s ally, Israel.
(3) The recent peace and normalization agreements
between Israel and several Arab states—the United Arab Emirates, Bahrain, Sudan, and Morocco—have the potential to fundamentally transform the security, diplomatic, and economic
environment in the Middle East and North Africa and advance
vital United States national security interests.
(4) These historic agreements could help advance peace
between and among Israel, the Arab states, and other relevant
countries and regions, further diplomatic openings, and enhance
efforts towards a negotiated solution to the Israeli-Palestinian
conflict resulting in two states—a democratic Jewish state of
Israel and a viable, democratic Palestinian state—living side
by side in peace, security, and mutual recognition.
(5) These agreements build upon the decades-long leadership of the United States Government in helping Israel broker
peace treaties with Egypt and Jordan and promoting peace
talks between Israel and Syria, Lebanon, and the Palestinians.
(6) These agreements also build on decades of private diplomatic and security engagement between Israel and countries
in the region.
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PUBLIC LAW 117–103—MAR. 15, 2022
(7) These normalization and peace agreements could begin
to transform the region by spurring economic growth, investment, and tourism, enhancing technological innovation, promoting security cooperation, bolstering water security and
sustainable development, advancing understanding, and forging
closer people-to-people relations.
SEC. 103. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this division, the term ‘‘appropriate congressional committees’’ means the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives.
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SEC. 104. STATEMENT OF POLICY.
It is the policy of the United States—
(1) to expand and strengthen the Abraham Accords to
encourage other nations to normalize relations with Israel and
ensure that existing agreements reap tangible security and
economic benefits for the citizens of those countries;
(2) to develop and implement a regional strategy to encourage economic cooperation between and among Israel, Arab
states, and the Palestinians to enhance the prospects for peace,
respect for human rights, transparent governance, and for
cooperation to address water scarcity, climate solutions, health
care, sustainable development, and other areas that result in
benefits for residents of those countries and regions;
(3) to develop and implement a regional security strategy
that recognizes the shared threat posed by Iran and violent
extremist organizations, ensures sufficient United States deterrence in the region, builds partner capacity to address shared
threats, and explores multilateral security arrangements built
around like-minded partners;
(4) to support and encourage government-to-government
and grassroots initiatives aimed at normalizing ties with the
state of Israel and promoting people-to-people contact between
Israelis, Arabs, and residents of other relevant countries and
regions, including by expanding and enhancing the Abraham
Accords;
(5) to support a negotiated solution to the Israeli-Palestinian conflict resulting in two states living side by side in
peace, security, and mutual recognition;
(6) to implement the Nita M. Lowey Middle East Partnership for Peace Act (title VIII of division K of Public Law
116–260), which will support economic development and
peacebuilding efforts among Israelis and Palestinians, in a
manner which encourages regional allies to become international donors to these efforts;
(7) to oppose efforts to delegitimize the state of Israel
and legal barriers to normalization with Israel; and
(8) to work to combat anti-Semitism and support normalization with Israel, including by countering anti-Semitic narratives
on social media and state media and pressing for curricula
reform in education.
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136 STAT. 1061
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SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND EXPAND
THE
ABRAHAM
ACCORDS
AND
OTHER
RELATED
NORMALIZATION AGREEMENTS WITH ISRAEL.
(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the Secretary
of State, in consultation with the Administrator of the United
States Agency for International Development and the heads of
other appropriate Federal departments and agencies, shall develop
and submit to the appropriate congressional committees a strategy
on expanding and strengthening the Abraham Accords.
(b) ELEMENTS.—The strategy required under subsection (a)
shall include the following elements:
(1) An assessment of future staffing and resourcing requirements of entities within the Department of State, the United
States Agency for International Development, and other appropriate Federal departments and agencies with responsibility
to coordinate United States efforts to expand and strengthen
the Abraham Accords.
(2) An assessment of opportunities to further promote
bilateral and multilateral cooperation between Israel, Arab
states, and other relevant countries and in the economic, social,
cultural, scientific, technical, educational, and health fields and
an assessment of roadblocks to increased cooperation.
(3) An assessment of bilateral and multilateral security
cooperation between Israel, the United States, Arab states,
and other relevant countries and regions that have normalized
relations with Israel, including an assessment of potential roadblocks to increased security cooperation, interoperability, and
information sharing.
(4) An assessment of the likelihood of additional Arab
and other relevant countries and regions to normalize relations
with Israel.
(5) An assessment of opportunities created by normalization
agreements with Israel to advance prospects for peace between
Israelis and Palestinians
(6) A detailed description of how the United States Government will leverage diplomatic lines of effort and resources from
other stakeholders (including from foreign governments, international donors, and multilateral institutions) to encourage
normalization, economic development, and people-to-people
programming.
(7) Identification of existing investment funds that support
Israel-Arab state cooperation and recommendations for how
such funds could be used to support normalization and increase
prosperity for all relevant stakeholders.
(8) A proposal for how the United States Government and
others can utilize the scholars and Arabic language resources
of the United States Holocaust Museum to counter Holocaust
denial and anti-Semitism.
(9) An assessment for creating an Abrahamic Center for
Pluralism to prepare educational materials, convene international seminars, promote tolerance and pluralism, and bring
together scholars as a means of advancing religious tolerance
and countering political and religious extremism.
(10) Recommendations to improve Department of State
cooperation and coordination, particularly between the Special
Envoy to Monitor Anti-Semitism and the Ambassador at Large
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Deadline.
Time period.
Consultation.
Assessments.
Recommendations.
Proposal.
Recommendations.
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PUBLIC LAW 117–103—MAR. 15, 2022
for International Religious Freedom, and the Office of International Religious Freedom, to combat racism, xenophobia,
Islamophobia, and anti-Semitism, which hinder improvement
of relations between Israel, Arab states, and other relevant
countries and regions.
(11) An assessment on the value and feasibility of Federal
support for inter-parliamentary exchange programs for Members of Congress, Knesset, and parliamentarians from Arab
and other relevant countries and regions, including through
existing Federal programs that support such exchanges.
(c) FORM.—The report required under subsection (a) shall be
in unclassified form but may contain a classified annex.
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Strengthening
Reporting of
Actions Taken
Against the
Normalization of
Relations with
Israel Act of
2022.
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SEC. 106. BREAKING DOWN BARRIERS TO NORMALIZATION WITH
ISRAEL.
(a) SHORT TITLE.—This section may be cited as the ‘‘Strengthening Reporting of Actions Taken Against the Normalization of
Relations with Israel Act of 2022’’.
(b) FINDINGS.—Congress makes the following findings:
(1) The Arab League, an organization comprising 22 Middle
Eastern and African countries and entities, has maintained
an official boycott of Israeli companies and Israeli-made goods
since the founding of Israel in 1948.
(2) Longstanding United States policy has encouraged Arab
League states to normalize their relations with Israel and has
long prioritized funding cooperative programs that promote
normalization between Arab League States and Israel,
including the Middle East Regional Cooperation program, which
promotes Arab-Israeli scientific cooperation.
(3) While some Arab League governments are signaling
enhanced cooperation with the state of Israel on the government-to-government level, most continue to persecute their own
citizens who establish people-to-people relations with Israelis
in nongovernmental fora, through a combination of judicial
and extrajudicial retribution.
(4) Some Arab League states maintain draconian antinormalization laws that punish their citizens for people-topeople relations with Israelis, with punishments, including
imprisonment, revocation of citizenship, and execution.
Extrajudicial punishments by these and other Arab states
include summary imprisonment, accusations of ‘‘treason’’ in
government-controlled media, and professional blacklisting.
(5) Anti-normalization laws, together with the other forms
of retribution, effectively condemn these societies to mutual
estrangement and, by extension, reduce the possibility of conciliation and compromise.
(6) Former Israeli President Shimon Peres said in 2008
at the United Nations that Israel agrees with the Arab Peace
Initiative that a military solution to the conflict ‘‘will not
achieve peace or provide security for the parties’’.
(7) Despite the risk of retaliatory action, a rising tide
of Arab civic actors advocate direct engagement with Israeli
citizens and residents. These include the Arab Council for
Regional Integration, a group of 32 public figures from 15
Arab countries who oppose the boycott of Israel on the grounds
that the boycott has denied Arabs the benefits of partnership
with Israelis, has blocked Arabs from helping to bridge the
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136 STAT. 1063
Israeli-Palestinian divide, and inspired divisive intra-Arab boycotts among diverse sects and ethnic groups.
(8) On February 11, 2020, a delegation of the Arab Council
to the French National Assembly in Paris testified to the harmful effects of ‘‘anti-normalization laws’’, called on the Assembly
to enact a law instructing the relevant French authorities to
issue an annual report on instances of Arab government retribution for any of their citizens or residents who call for peace
with Israel or engage in direct civil relations with Israeli citizens, and requested democratic legislatures to help defend the
region’s civil peacemakers.
(9) On May 11, 2020, 85 leaders in France published an
endorsement of the Arab Council’s proposal, calling on France
and other democratic governments to ‘‘protect Arabs who
engage in dialogue with Israeli citizens’’ and proposing ‘‘the
creation of a study group in the National Assembly as well
as in the Senate whose mission would be to ensure a legal
and technical monitoring of the obstacles which Arab proponents of dialogue with Israelis face’’.
(10) Arab-Israeli cooperation provides significant symbiotic
benefit to the security and economic prosperity of the region.
(c) ADDITIONAL REPORTING.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of State shall submit to the appropriate
congressional committees a report on the status of efforts to
promote normalization of relations with Israel and other countries .
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following information:
(A) The status of ‘‘anti-normalization laws’’ in countries
comprising the Arab League, including efforts within each
country to sharpen existing laws, enact new or additional
‘‘anti-normalization legislation’’, or repeal such laws.
(B) Instances of the use of state-owned or state-operated media outlets to promote anti-Semitic propaganda,
the prosecution of citizens or residents of Arab countries
for calling for peace with Israel, visiting the state of Israel,
or engaging Israeli citizens in any way.
(C) Instances of extrajudicial retribution by Arab
governments or government-controlled institutions against
citizens or residents of Arab countries for any of the same
actions referred to in subparagraph (B).
Time period.
SEC. 107. SUNSET.
This division shall cease to be effective on the date that is
5 years after the date of the enactment of this Act.
DIVISION
AA—TRANS-SAHARA
COUNTERTERRORISM PARTNERSHIP
PROGRAM
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SEC. 101. SHORT TITLE.
This division may be cited as the Trans-Sahara Counterterrorism Partnership Program Act of 2022.
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Trans-Sahara
Counterterrorism
Partnership
Program
Act of 2022.
22 USC 2151
note.
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PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) terrorist and violent extremist organizations, such as
Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic
State of West Africa, and other affiliated groups, have killed
tens of thousands of innocent civilians, displaced populations,
destabilized local and national governments, and caused mass
human suffering in the affected communities;
(2) poor governance, political and economic marginalization,
and lack of accountability for human rights abuses by security
forces are drivers of extremism;
(3) it is in the national security interest of the United
States—
(A) to combat the spread of terrorism and violent extremism; and
(B) to build the capacity of partner countries to combat
such threats in Africa;
(4) terrorist and violent extremist organizations exploit
vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth
populations), corruption, and weak governance; and
(5) a comprehensive, coordinated, interagency approach is
needed to develop an effective strategy—
(A) to address the security challenges in the SahelMaghreb;
(B) to appropriately allocate resources and de-conflict
programs; and
(C) to maximize the effectiveness of United States
defense, diplomatic, and development capabilities.
SEC. 103. STATEMENT OF POLICY.
It is the policy of the United States to assist countries in
North Africa and West Africa, and other allies and partners that
are active in those regions, in combating terrorism and violent
extremism through a coordinated, interagency approach with a
consistent strategy that appropriately balances security activities
with diplomatic and development efforts to address the political,
socioeconomic, governance, and development challenges in North
Africa and West Africa that contribute to terrorism and violent
extremism.
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SEC. 104. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Foreign Affairs of the House of Representatives;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Appropriations of the House of Representatives; and
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136 STAT. 1065
(8) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) IN GENERAL.—
(1) ESTABLISHMENT.—The President shall establish a partnership program, which shall be known as the ‘‘Trans-Sahara
Counterterrorism Partnership Program’’ (referred to in this
section as the ‘‘Program’’), to coordinate the programs, projects,
and activities of the Program in countries in North Africa
and West Africa that are conducted—
(A) to improve governance and the capacities of countries in North Africa and West Africa to deliver basic
services, particularly to at-risk communities, as a means
of countering terrorism and violent extremism by
enhancing state legitimacy and authority and countering
corruption;
(B) to address the factors that make people and communities vulnerable to recruitment by terrorist and violent
extremist organizations, including economic vulnerability
and mistrust of government and government security
forces, through activities such as—
(i) supporting strategies that increase youth
employment opportunities;
(ii) promoting girls’ education and women’s political participation;
(iii) strengthening local governance and civil
society capacity;
(iv) improving government transparency and
accountability;
(v) fighting corruption;
(vi) improving access to economic opportunities;
and
(vii) other development activities necessary to support community resilience;
(C) to strengthen the rule of law in such countries,
including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter,
investigate, and prosecute acts of terrorism and violent
extremism;
(D) to improve the ability of military and law enforcement entities in partner countries—
(i) to detect, disrupt, respond to, and prosecute
violent extremist and terrorist activity, while
respecting human rights; and
(ii) to cooperate with the United States and other
partner countries on counterterrorism and counterextremism efforts;
(E) to enhance the border security capacity of partner
countries, including the ability to monitor, detain, and
interdict terrorists;
(F) to identify, monitor, disrupt, and counter the
human capital and financing pipelines of terrorism; or
(G) to support the free expression and operations of
independent, local-language media, particularly in rural
areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist
organizations.
(2) ASSISTANCE FRAMEWORK.—Program activities shall—
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Determination.
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(A) be carried out in countries in which the President—
(i) determines that there is an adequate level of
partner country commitment; and
(ii) has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other
donors in the sector;
(B) have clearly defined outcomes;
(C) be closely coordinated among relevant participating
departments and agencies;
(D) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact;
(E) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth;
(F) in the case of train and equip programs, complement longer-term security sector institution-building;
and
(G) have mechanisms in place to track resources and
routinely monitor and evaluate the efficacy of relevant
programs.
(3) CONGRESSIONAL NOTIFICATION.—Not later than 15 days
before obligating amounts for an activity conducted pursuant
to the Program under paragraph (1), the Secretary of State
shall notify the appropriate congressional committees, in
accordance with section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394–1), of—
(A) the foreign country and entity, as applicable, whose
capabilities are to be enhanced in accordance with the
purposes described in paragraph (1);
(B) the amount, type, and purpose of support to be
provided;
(C) the absorptive capacity of the foreign country to
effectively implement the assistance to be provided;
(D) the extent to which state security forces of the
foreign country have been implicated in gross violations
of human rights and the risk that obligated funds may
be used to perpetrate further abuses;
(E) the anticipated implementation timeline for the
activity; and
(F) the plans to sustain any military or security equipment provided beyond the completion date of such activity,
if applicable, and the estimated cost and source of funds
to support such sustainment.
(4) EXCEPTION.—The requirement under paragraph (1) does
not apply to activities conducted by the Department of Defense
pursuant to title 10, United States Code.
(c) INTERNATIONAL COORDINATION.—Efforts carried out under
this section—
(1) shall take into account partner country counterterrorism, counter-extremism, and development strategies;
(2) shall be aligned with such strategies, to the extent
practicable; and
(3) shall be coordinated with counterterrorism and counterextremism activities and programs in the areas of defense,
diplomacy, and development carried out by other like-minded
donors and international organizations in the relevant country.
(d) STRATEGIES.—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1067
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the President and other relevant
Federal Government agencies, shall submit the strategies
described in paragraphs (2) and (3) to the appropriate congressional committees.
(2) COMPREHENSIVE, 5-YEAR STRATEGY FOR THE SAHELMAGHREB.—The President shall develop a comprehensive, 5year strategy for the Sahel-Maghreb, including details related
to interagency efforts conducted pursuant to the Program in
the areas of security, diplomacy, and development to advance
the national security, economic, and humanitarian interests
of the United States, including—
(A) efforts to ensure coordination with multilateral and
bilateral partners, such as the Joint Force of the Group
of Five of the Sahel, and with other relevant assistance
frameworks;
(B) a public diplomacy strategy and actions to ensure
that populations in the Sahel-Maghreb are aware of the
development activities of the United States Government,
especially in countries with a significant United States
Government presence or engagement through train and
equip programs;
(C) activities aimed at supporting democratic institutions and countering violent extremism with measurable
goals and transparent benchmarks;
(D) plans to help each partner country address humanitarian and development needs and to help prevent, respond
to, and mitigate intercommunal violence;
(E) a comprehensive plan to support security sector
reform in each partner country that includes a detailed
section on programs and activities being undertaken by
relevant stakeholders and other international actors operating in the sector; and
(F) a specific strategy for Mali that includes plans
for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East
with interests in the Sahel-Maghreb, regional governments,
relevant multilateral organizations, signatory groups of the
Agreement for Peace and Reconciliation in Mali, done in
Algiers July 24, 2014, and civil society actors.
(3) COMPREHENSIVE 5-YEAR STRATEGY FOR PROGRAM
COUNTERTERRORISM EFFORTS.—The President shall develop a
comprehensive 5-year strategy for the Program that includes—
(A) a clear statement of the objectives of United States
counterterrorism efforts in North Africa and West Africa
with respect to the use of assistance to combat terrorism
and counter violent extremism, including efforts—
(i) to build military and civilian law enforcement
capacity;
(ii) to strengthen the rule of law;
(iii) to promote responsive and accountable governance; and
(iv) to address the root causes of terrorism and
violent extremism;
(B) a plan for coordinating programs through the Program pursuant to subsection (b)(1), including identifying
the agency or bureau of the Department of State, as
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Deadline.
Plans.
Mali.
Plans.
Coordination.
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Evaluation.
Data.
Coordination.
Complaince.
Deadline.
Time period.
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Time periods.
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applicable, that will be responsible for leading and coordinating each such program;
(C) a plan to monitor, evaluate, and share data and
learning about the Program in accordance with monitoring
and evaluation provisions under sections 3 and 4 of the
Foreign Aid Transparency and Accountability Act of 2016
(22 U.S.C. 2394c note and 2394c); and
(D) a plan for ensuring coordination and compliance
with related requirements in United States law, including
the Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
(4) CONSULTATION.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall consult
with the appropriate congressional committees regarding the
progress made towards developing the strategies required under
paragraphs (2) and (3).
(e) SUPPORTING MATERIAL IN ANNUAL BUDGET REQUEST.—
(1) IN GENERAL.—The Secretary of State shall include a
description of the requirements, activities, and planned allocation of amounts requested by the Program in the budget materials submitted to Congress in support of the President’s annual
budget request pursuant to section 1105 of title 31, United
States Code, for each fiscal year beginning after the date of
the enactment of this Act and annually thereafter for the following 5 years.
(2) EXCEPTION.—The requirement under paragraph (1)
shall not apply to activities of the Department of Defense
conducted pursuant to authorities under title 10, United States
Code.
(f) MONITORING AND EVALUATION OF PROGRAMS AND ACTIVITIES.—Not later than 1 year after the date of the enactment of
this Act, and annually thereafter for the following 5 years, the
President shall submit a report to the appropriate congressional
committees that describes—
(1) the progress made in meeting the objectives of the
strategies required under paragraphs (2) and (3) of subsection
(d), including any lessons learned in carrying out Program
activities and any recommendations for improving such programs and activities;
(2) the efforts taken to coordinate, de-conflict, and streamline Program activities to maximize resource effectiveness;
(3) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the Program, and as
applicable, the ability to maintain and appropriately utilize
such equipment;
(4) the extent to which each partner country is investing
its own resources to advance the goals described in subsection
(b)(1) or is demonstrating a commitment and willingness to
cooperate with the United States to advance such goals;
(5) the actions taken by the government of each partner
country receiving assistance under the Program to combat
corruption, improve transparency and accountability, and promote other forms of democratic governance;
(6) the extent to which state security forces in each partner
country have been implicated in gross violations of human
rights during the reporting period, including how such gross
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136 STAT. 1069
violations of human rights have been addressed and or will
be addressed through Program activities;
(7) the assistance provided in each of the 3 preceding
fiscal years under the Program, broken down by partner
country, including the type, statutory authorization, and purpose of assistance provided to the country; and
(8) any changes or updates to the Comprehensive 5-Year
Strategy for the Program required under subsection (d)(3)
necessitated by the findings in this annual report.
(g) REPORTING REQUIREMENT RELATED TO AUDIT OF BUREAU
OF AFRICAN AFFAIRS MONITORING AND COORDINATION OF THE
TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.—Not
later than 90 days after the date of the enactment of this Act,
and every 120 days thereafter until the earlier of the date on
which all 13 recommendations in the September 2020 Department
of State Office of Inspector General audit entitled ‘‘Audit of the
Department of State Bureau of African Affairs Monitoring and
Coordination of the Trans-Sahara Counterterrorism Partnership
Program’’ (AUD–MERO–20–42) are closed or the date that is 3
years after the date of the enactment of this Act, the Secretary
of State shall submit a report to the appropriate congressional
committees that identifies—
(1) which of the 13 recommendations in AUD–MERO–20–
42 have not been closed;
(2) a description of progress made since the last report
toward closing each recommendation identified under paragraph (1);
(3) additional resources needed, including assessment of
staffing capacity, if any, to complete action required to close
each recommendation identified under paragraph (1); and
(4) the anticipated timeline for completion of action
required to close each recommendation identified under paragraph (1), including application of all recommendations into
all existing security assistance programs managed by the
Department of State under the Program.
(h) PROGRAM ADMINISTRATION.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of State shall
submit a report to Congress that describes plans for conducting
a written review of a representative sample of each of the security
assistance programs administered by the Bureau of African Affairs
that—
(1) identifies potential waste, fraud, abuse, inefficiencies,
or deficiencies; and
(2) includes an analysis of staff capacity, including human
resource needs, available resources, procedural guidance, and
monitoring and evaluation processes to ensure that the Bureau
of African Affairs is managing programs efficiently and effectively.
(i) FORM.—The strategies required under paragraphs (2) and
(3) of subsection (d) and the report required under subsection (f)
shall be submitted in unclassified form, but may include a classified
annex.
Time period.
Termination
date.
Assessment.
Reports.
Analysis.
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SEC. 105. RULE OF CONSTRUCTION.
Nothing in this division may be construed as authorizing the
use of military force.
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136 STAT. 1070
DIVISION BB—EB–5 REFORM AND
INTEGRITY ACT OF 2022
EB–5 Reform and
Integrity Act of
2022.
8 USC 1101 note.
PUBLIC LAW 117–103—MAR. 15, 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘EB–5 Reform and Integrity
Act of 2022’’.
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SEC. 102. EB–5 VISA REFORMS.
(a) EMPLOYMENT CREATION.—Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended—
(1) in subparagraph (A)—
(A) in clause (i), by striking ‘‘(C), and’’ and inserting
‘‘(C) and which is expected to remain invested for not
less than 2 years; and’’; and
(B) in clause (ii)—
(i) by striking ‘‘and create’’ and inserting ‘‘by creating’’; and
(ii) by inserting ‘‘, United States nationals,’’ after
‘‘citizens’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(B) DESIGNATIONS AND RESERVED VISAS.—
‘‘(i) RESERVED VISAS.—
‘‘(I) IN GENERAL.—Of the visas made available
under this paragraph in each fiscal year—
‘‘(aa) 20 percent shall be reserved for
qualified immigrants who invest in a rural
area;
‘‘(bb) 10 percent shall be reserved for
qualified immigrants who invest in an area
designated by the Secretary of Homeland
Security under clause (ii) as a high unemployment area; and
‘‘(cc) 2 percent shall be reserved for qualified immigrants who invest in infrastructure
projects.
‘‘(II) UNUSED VISAS.—
‘‘(aa) CARRYOVER.—At the end of each
fiscal year, any unused visas reserved for
qualified immigrants investing in each of the
categories described in items (aa) through (cc)
of subclause (I) shall remain available within
the same category for the immediately succeeding fiscal year.
‘‘(bb)
GENERAL
AVAILABILITY.—Visas
described in items (aa) through (cc) of subclause (I) that are not issued by the end of
the succeeding fiscal year referred to in item
(aa) shall be made available to qualified
immigrants described under subparagraph (A).
‘‘(ii) DESIGNATION OF HIGH UNEMPLOYMENT AREA.—
‘‘(I) IN GENERAL.—The Secretary of Homeland
Security, or a designee of the Secretary who is
an employee of the Department of Homeland Security, may designate, as a high unemployment area,
a census tract, or contiguous census tracts, in
which—
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‘‘(aa) the new commercial enterprise is
principally doing business; and
‘‘(bb) the weighted average of the
unemployment rate for the census tracts,
based on the labor force employment measure
for each applicable census tract and any adjacent tract included under subclause (III), is
not less than 150 percent of the national average unemployment rate.
‘‘(II) PROHIBITION ON DESIGNATION BY ANY
OTHER OFFICIAL.—A targeted employment area
may not be designated as a high unemployment
area by—
‘‘(aa) a Federal official other than the Secretary of Homeland Security or a designee
of the Secretary; or
‘‘(bb) any official of a State or local government.
‘‘(III) INCLUSION.—In making a designation
under subclause (I), the Secretary of Homeland
Security may include a census tract directly adjacent to a census tract or contiguous census tracts
described in that subclause.
‘‘(IV) DURATION.—
‘‘(aa) IN GENERAL.—A designation under
this clause shall be in effect for the 2-year
period beginning on—
‘‘(AA) the date on which an application under subparagraph (F) is filed; or
‘‘(BB) in the case of an alien who is
not subject to subparagraph (F), at the
time of investment.
‘‘(bb) RENEWAL.—A designation under this
clause may be renewed for 1 or more additional 2-year periods if the applicable area
continues to meet the criteria described in subclause (I).
‘‘(V) ADDITIONAL INVESTMENT NOT REQUIRED.—
An immigrant investor who has invested the
amount of capital required by subparagraph (C)
in a targeted employment area designated as a
high unemployment area during the period in
which the area is so designated shall not be
required to increase the amount of investment due
to the expiration of the designation.
‘‘(iii) INFRASTRUCTURE PROJECTS.—
‘‘(I) IN GENERAL.—The Secretary of Homeland
Security shall determine whether a specific capital
investment project meets the definition of ‘infrastructure project’ set forth in subparagraph (D)(iv).
‘‘(II) PROHIBITION ON DESIGNATION BY ANY
OTHER OFFICIAL.—A determination under subclause (I) may not be made by—
‘‘(aa) a Federal official other than the Secretary of Homeland Security or a designee
of the Secretary; or
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Effective date.
Time periods.
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Federal Register,
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‘‘(bb) any official of a State or local government.’’;
(3) in subparagraph (C)—
(A) in clause (i), by striking ‘‘$1,000,000’’ and all that
follows through ‘‘previous sentence’’ and inserting
‘‘$1,050,000’’;
(B) by amending clause (ii) to read as follows:
‘‘(ii) ADJUSTMENT FOR TARGETED EMPLOYMENT
AREAS AND INFRASTRUCTURE PROJECTS.—The amount
of capital required under subparagraph (A) for an
investment in a targeted employment area or in an
infrastructure project shall be $800,000.’’;
(C) by redesignating clause (iii) as clause (iv);
(D) by inserting after clause (ii) the following:
‘‘(iii) AUTOMATIC ADJUSTMENT IN MINIMUM INVESTMENT AMOUNT.—
‘‘(I) IN GENERAL.—Beginning on January 1,
2027, and every 5 years thereafter, the amount
in clause (i) shall automatically adjust for petitions
filed on or after the effective date of each adjustment, based on the cumulative annual percentage
change in the unadjusted consumer price index
for all urban consumers (all items; U.S. city average) reported by the Bureau of Labor Statistics
between January 1, 2022, and the date of adjustment. The qualifying investment amounts shall
be rounded down to the nearest $50,000. The Secretary of Homeland Security shall update such
amounts by publication of a technical amendment
in the Federal Register.
‘‘(II) Beginning on January 1, 2027, and every
5 years thereafter, the amount in clause (ii) shall
automatically adjust for petitions filed on or after
the effective date of each adjustment, to be equal
to 75 percent of the standard investment amount
under subclause (I).’’; and
(E) in clause (iv), as redesignated, in the undesignated
matter following subclause (II)—
(i) by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security’’; and
(ii) by inserting ‘‘, as adjusted under clause (iii)’’
before the period at the end; and
(4) by amending subparagraph (D) to read as follows:
‘‘(D) DEFINITIONS.—In this paragraph:
‘‘(i) AFFILIATED JOB-CREATING ENTITY.—The term
‘affiliated job-creating entity’ means any job-creating
entity that is controlled, managed, or owned by any
of the people involved with the regional center or new
commercial enterprise under section 203(b)(5)(H)(v).
‘‘(ii) CAPITAL.—The term ‘capital’—
‘‘(I) means cash and all real, personal, or mixed
tangible assets owned and controlled by the alien
investor, or held in trust for the benefit of the
alien and to which the alien has unrestricted
access;
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136 STAT. 1073
‘‘(II) shall be valued at fair market value in
United States dollars, in accordance with Generally Accepted Accounting Principles or other
standard accounting practice adopted by the Securities and Exchange Commission, at the time it
is invested under this paragraph;
‘‘(III) does not include—
‘‘(aa) assets directly or indirectly acquired
by unlawful means, including any cash proceeds of indebtedness secured by such assets;
‘‘(bb) capital invested in exchange for a
note, bond, convertible debt, obligation, or any
other debt arrangement between the alien
investor and the new commercial enterprise;
‘‘(cc) capital invested with a guaranteed
rate of return on the amount invested by the
alien investor; or
‘‘(dd) except as provided in subclause (IV),
capital invested that is subject to any agreement between the alien investor and the new
commercial enterprise that provides the
investor with a contractual right to repayment,
such as a mandatory redemption at a certain
time or upon the occurrence of a certain event,
or a put or sell-back option held by the alien
investor, even if such contractual right is
contingent on the success of the new commercial enterprise, such as having sufficient available cash flow; and
‘‘(IV) includes capital invested that—
‘‘(aa) is subject to a buy back option that
may be exercised solely at the discretion of
the new commercial enterprise; and
‘‘(bb) results in the alien investor withdrawing his or her petition unless the alien
investor has fulfilled his or her sustainment
period and other requirements under this
paragraph.
‘‘(iii) CERTIFIER.—The term ‘certifier’ means a person in a position of substantive authority for the
management or operations of a regional center, new
commercial enterprise, affiliated job-creating entity, or
issuer of securities, such as a principal executive officer
or principal financial officer, with knowledge of such
entities’ policies and procedures related to compliance
with the requirements under this paragraph.
‘‘(iv) INFRASTRUCTURE PROJECT.—The term ‘infrastructure project’ means a capital investment project
in a filed or approved business plan, which is administered by a governmental entity (such as a Federal,
State, or local agency or authority) that is the jobcreating entity contracting with a regional center or
new commercial enterprise to receive capital investment under the regional center program described in
subparagraph (E) from alien investors or the new
commercial enterprise as financing for maintaining,
improving, or constructing a public works project.
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136 STAT. 1074
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(v) JOB-CREATING ENTITY.—The term ‘job-creating
entity’ means any organization formed in the United
States for the ongoing conduct of lawful business,
including sole proprietorship, partnership (whether
limited or general), corporation, limited liability company, business trust, or other entity, which may be
publicly or privately owned, including an entity consisting of a holding company and its wholly owned
subsidiaries or affiliates (provided that each subsidiary
or affiliate is engaged in an activity formed for the
ongoing conduct of a lawful business) that receives,
or is established to receive, capital investment from
alien investors or a new commercial enterprise under
the regional center program described in this subparagraph and which is responsible for creating jobs to
satisfy the requirement under subparagraph (A)(ii).
‘‘(vi) NEW COMMERCIAL ENTERPRISE.—The term
‘new commercial enterprise’ means any for-profit
organization formed in the United States for the
ongoing conduct of lawful business, including sole
proprietorship, partnership (whether limited or general), holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a
for-profit activity formed for the ongoing conduct of
a lawful business), joint venture, corporation, business
trust, limited liability company, or other entity (which
may be publicly or privately owned) that receives, or
is established to receive, capital investment from investors under this paragraph.
‘‘(vii) RURAL AREA.—The term ‘rural area’ means
any area other than an area within a metropolitan
statistical area (as designated by the Director of the
Office of Management and Budget) or within the outer
boundary of any city or town having a population of
20,000 or more (based on the most recent decennial
census of the United States).
‘‘(viii) TARGETED EMPLOYMENT AREA.—The term
‘targeted employment area’ means, at the time of
investment, a rural area or an area designated by
the Secretary of Homeland Security under subparagraph (B)(ii) as a high unemployment area.’’.
(b) AGE DETERMINATION FOR CHILDREN OF ALIEN INVESTORS.—
Section 203(h) of the Immigration and Nationality Act (8 U.S.C.
1153(h)) is amended by adding at the end the following:
‘‘(5) AGE DETERMINATION FOR CHILDREN OF ALIEN INVESTORS.—An alien who has reached 21 years of age and has
been admitted under subsection (d) as a lawful permanent
resident on a conditional basis as the child of an alien lawfully
admitted for permanent residence under subsection (b)(5),
whose lawful permanent resident status on a conditional basis
is terminated under section 216A or subsection (b)(5)(M), shall
continue to be considered a child of the principal alien for
the purpose of a subsequent immigrant petition by such alien
under subsection (b)(5) if the alien remains unmarried and
the subsequent petition is filed by the principal alien not later
than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under
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136 STAT. 1075
this paragraph with respect to more than 1 petition filed after
the alien reaches 21 years of age.’’.
(c) ENHANCED PAY SCALE FOR CERTAIN FEDERAL EMPLOYEES
ADMINISTERING THE EMPLOYMENT CREATION PROGRAM.—The Secretary of Homeland Security may establish, fix the compensation
of, and appoint individuals to designated critical, technical, and
professional positions needed to administer sections 203(b)(5) and
216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)
and 1186b).
(d) CONCURRENT FILING OF EB–5 PETITIONS AND APPLICATIONS
FOR ADJUSTMENT OF STATUS.—Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended—
(1) in subsection (k), in the matter preceding paragraph
(1), by striking ‘‘or (3)’’ and inserting ‘‘(3), or (5)’’; and
(2) by adding at the end the following:
‘‘(n) If the approval of a petition for classification under section
203(b)(5) would make a visa immediately available to the alien
beneficiary, the alien beneficiary’s application for adjustment of
status under this section shall be considered to be properly filed
whether the application is submitted concurrently with, or subsequent to, the visa petition.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
8 USC 1153 note.
8 USC 1153 note.
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SEC. 103. REAUTHORIZATION AND REFORM OF THE REGIONAL CENTER
PROGRAM.
(a) REPEAL.—Section 610 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
(b) AUTHORIZATION.—
(1) IN GENERAL.—Section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding
at the end the following:
‘‘(E) REGIONAL CENTER PROGRAM.—
‘‘(i) IN GENERAL.—Visas under this subparagraph
shall be made available through September 30, 2027,
to qualified immigrants (and the eligible spouses and
children of such immigrants) pooling their investments
with 1 or more qualified immigrants participating in
a program implementing this paragraph that involves
a regional center in the United States, which has been
designated by the Secretary of Homeland Security on
the basis of a proposal for the promotion of economic
growth, including prospective job creation and
increased domestic capital investment.
‘‘(ii) PROCESSING.—In processing petitions under
section 204(a)(1)(H) for classification under this paragraph, the Secretary of Homeland Security—
‘‘(I) shall prioritize the processing and adjudication of petitions for rural areas;
‘‘(II) may process petitions in a manner and
order established by the Secretary; and
‘‘(III) shall deem such petitions to include
records previously filed with the Secretary pursuant to subparagraph (F) if the alien petitioner
certifies that such records are incorporated by reference into the alien’s petition.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(iii) ESTABLISHMENT OF A REGIONAL CENTER.—A
regional center shall operate within a defined, contiguous, and limited geographic area, which shall be
described in the proposal and be consistent with the
purpose of concentrating pooled investment within
such area. The proposal to establish a regional center
shall demonstrate that the pooled investment will have
a substantive economic impact on such geographic
area, and shall include—
‘‘(I) reasonable predictions, supported by
economically and statistically valid and transparent forecasting tools, concerning the amount
of investment that will be pooled, the kinds of
commercial enterprises that will receive such
investments, details of the jobs that will be created
directly or indirectly as a result of such investments, and other positive economic effects such
investments will have;
‘‘(II) a description of the policies and procedures in place reasonably designed to monitor new
commercial enterprises and any associated job-creating entity to seek to ensure compliance with—
‘‘(aa) all applicable laws, regulations, and
Executive orders of the United States,
including immigration laws, criminal laws,
and securities laws; and
‘‘(bb) all securities laws of each State in
which securities offerings will be conducted,
investment advice will be rendered, or the
offerors or offerees reside;
‘‘(III) attestations and information confirming
that all persons involved with the regional center
meet the requirements under clauses (i) and (ii)
of subparagraph (H);
‘‘(IV) a description of the policies and procedures in place that are reasonably designed to
ensure program compliance; and
‘‘(V) the identities of all natural persons
involved in the regional center, as described in
subparagraph (H)(v).
‘‘(iv) INDIRECT JOB CREATION.—
‘‘(I) IN GENERAL.—The Secretary of Homeland
Security shall permit aliens seeking admission
under this subparagraph to satisfy only up to 90
percent of the requirement under subparagraph
(A)(ii) with jobs that are estimated to be created
indirectly through investment under this paragraph in accordance with this subparagraph. An
employee of the new commercial enterprise or jobcreating entity may be considered to hold a job
that has been directly created.
‘‘(II) CONSTRUCTION ACTIVITY LASTING LESS
THAN 2 YEARS.—If the jobs estimated to be created
are created by construction activity lasting less
than 2 years, the Secretary shall permit aliens
seeking admission under this subparagraph to satisfy only up to 75 percent of the requirement under
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1077
subparagraph (A)(ii) with jobs that are estimated
to be created indirectly through investment under
this paragraph in accordance with this subparagraph.
‘‘(v) COMPLIANCE.—
‘‘(I) IN GENERAL.—In determining compliance
with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to rely on economically and statistically valid methodologies for
determining the number of jobs created by the
program, including—
‘‘(aa) jobs estimated to have been created
directly, which may be verified using such
methodologies; and
‘‘(bb) consistent with this subparagraph,
jobs estimated to have been directly or
indirectly created through capital expenditures, revenues generated from increased
exports, improved regional productivity, job
creation, and increased domestic capital
investment resulting from the program.
‘‘(II) JOB AND INVESTMENT REQUIREMENTS.—
‘‘(aa) RELOCATED JOBS.—In determining
compliance with the job creation requirement
under subparagraph (A)(ii), the Secretary of
Homeland Security may include jobs estimated
to be created under a methodology that
attributes jobs to prospective tenants occupying commercial real estate created or
improved by capital investments if the number
of such jobs estimated to be created has been
determined by an economically and statistically valid methodology and such jobs are
not existing jobs that have been relocated.
‘‘(bb) PUBLICLY AVAILABLE BONDS.—The
Secretary of Homeland Security shall prescribe
regulations to ensure that alien investor capital may not be utilized, by a new commercial
enterprise or otherwise, to purchase municipal
bonds or any other bonds, if such bonds are
available to the general public, either as part
of a primary offering or from a secondary
market.
‘‘(cc) CONSTRUCTION ACTIVITY JOBS.—If the
number of direct jobs estimated to be created
has been determined by an economically and
statistically valid methodology, and such direct
jobs are created by construction activity
lasting less than 2 years, the number of such
jobs that may be considered direct jobs for
purposes of clause (iv) shall be calculated by
multiplying the total number of such jobs estimated to be created by the fraction of the
2-year period that the construction activity
lasts.
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Determination.
Regulations.
Time period.
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Requirement.
Deadline.
Notification.
Time period.
Effective date.
Time periods.
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‘‘(vi) AMENDMENTS.—The Secretary of Homeland
Security shall—
‘‘(I) require a regional center—
‘‘(aa) to notify the Secretary, not later than
120 days before the implementation of significant proposed changes to its organizational
structure, ownership, or administration,
including the sale of such center, or other
arrangements which would result in individuals not previously subject to the requirements
under subparagraph (H) becoming involved
with the regional center; or
‘‘(bb) if exigent circumstances are present,
to provide the notice described in item (aa)
to the Secretary not later than 5 business
days after a change described in such item;
and
‘‘(II) adjudicate business plans under subparagraph (F) and petitions under section 204(a)(1)(H)
during any notice period as long as the amendment
to the business or petition does not negatively
impact program eligibility.
‘‘(vii) RECORD KEEPING AND AUDITS.—
‘‘(I) RECORD KEEPING.—Each regional center
shall make and preserve, during the 5-year period
beginning on the last day of the Federal fiscal
year in which any transactions occurred, books,
ledgers, records, and other documentation from the
regional center, new commercial enterprise, or jobcreating entity used to support—
‘‘(aa) any claims, evidence, or certifications
contained in the regional center’s annual statements under subparagraph (G); and
‘‘(bb) associated petitions by aliens seeking
classification under this section or removal of
conditions under section 216A.
‘‘(II) AUDITS.—The Secretary shall audit each
regional center not less frequently than once every
5 years. Each such audit shall include a review
of any documentation required to be maintained
under subclause (I) for the preceding 5 years and
a review of the flow of alien investor capital into
any capital investment project. To the extent multiple regional centers are located at a single site,
the Secretary may audit multiple regional centers
in a single site visit.
‘‘(III) TERMINATION.—The Secretary shall
terminate the designation of a regional center that
fails to consent to an audit under subclause (II)
or deliberately attempts to impede such an audit.
‘‘(F) BUSINESS PLANS FOR REGIONAL CENTER INVESTMENTS.—
‘‘(i) APPLICATION FOR APPROVAL OF AN INVESTMENT
IN A COMMERCIAL ENTERPRISE.—A regional center shall
file an application with the Secretary of Homeland
Security for each particular investment offering
through an associated new commercial enterprise
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136 STAT. 1079
before any alien files a petition for classification under
this paragraph by reason of investment in that offering.
The application shall include—
‘‘(I) a comprehensive business plan for a specific capital investment project;
‘‘(II) a credible economic analysis regarding
estimated job creation that is based upon economically and statistically valid and transparent methodologies;
‘‘(III) any documents filed with the Securities
and Exchange Commission under the Securities
Act of 1933 (15 U.S.C. 77a et seq.) or with the
securities regulator of any State, as required by
law;
‘‘(IV) any investment and offering documents,
including subscription, investment, partnership,
and operating agreements, private placement
memoranda, term sheets, biographies of management, officers, directors, and any person with
similar responsibilities, the description of the business plan to be provided to potential alien investors, and marketing materials used, or drafts prepared for use, in connection with the offering,
which shall contain references, as appropriate, to—
‘‘(aa) all material investment risks associated with the new commercial enterprise and
the job-creating entity;
‘‘(bb) any conflicts of interest that currently exist or may arise among the regional
center, the new commercial enterprise, the jobcreating entity, or the principals, attorneys,
or individuals responsible for recruitment or
promotion of such entities;
‘‘(cc) any pending material litigation or
bankruptcy, or material adverse judgments or
bankruptcy orders issued during the most
recent 10-year period, in the United States
or in another country, affecting the regional
center, the new commercial enterprise, any
associated job-creating entity, or any other
enterprise in which any principal of any of
the aforementioned entities held majority
ownership at the time; and
‘‘(dd)(AA) any fees, ongoing interest, or
other compensation paid, or to be paid by the
regional center, the new commercial enterprise, or any issuer of securities intended to
be offered to alien investors, to agents, finders,
or broker dealers involved in the offering of
securities to alien investors in connection with
the investment;
‘‘(BB) a description of the services performed, or that will be performed, by such
person to entitle the person to such fees,
interest, or compensation; and
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‘‘(CC) the name and contact information
of any such person, if known at the time of
filing;
‘‘(V) a description of the policies and procedures, such as those related to internal and
external due diligence, reasonably designed to
cause the regional center and any issuer of securities intended to be offered to alien investors in
connection with the relevant capital investment
project, to comply, as applicable, with the securities laws of the United States and the laws of
the applicable States in connection with the offer,
purchase, or sale of its securities; and
‘‘(VI) a certification from the regional center,
and any issuer of securities intended to be offered
to alien investors in connection with the relevant
capital investment project, that their respective
agents and employees, and any parties associated
with the regional center and such issuer of securities affiliated with the regional center are in
compliance with the securities laws of the United
States and the laws of the applicable States in
connection with the offer, purchase, or sale of its
securities, to the best of the certifier’s knowledge,
after a due diligence investigation.
‘‘(ii) EFFECT OF APPROVAL OF A BUSINESS PLAN
FOR AN INVESTMENT IN A REGIONAL CENTER’S COMMERCIAL ENTERPRISE.—The approval of an application
under this subparagraph, including an approval before
the date of the enactment of this subparagraph, shall
be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same offering
described in such application, and of petitions by the
same immigrants filed under section 216A unless—
‘‘(I) the applicant engaged in fraud, misrepresentation, or criminal misuse;
‘‘(II) such approval would threaten public
safety or national security;
‘‘(III) there has been a material change that
affects eligibility;
‘‘(IV) the discovery of other evidence affecting
program eligibility was not disclosed by the
applicant during the adjudication process; or
‘‘(V) the previous adjudication involved a material mistake of law or fact.
‘‘(iii) AMENDMENTS.—
‘‘(I) APPROVAL.—The Secretary of Homeland
Security may establish procedures by which a
regional center may seek approval of an amendment to an approved application under this
subparagraph that reflects changes specified by
the Secretary to any information, documents, or
other aspects of the investment offering described
in such approved application not later than 30
days after any such changes.
Certification.
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Deadline.
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136 STAT. 1081
‘‘(II) INCORPORATION.—Upon the approval of
a timely filed amendment to an approved application, any changes reflected in such amendment
may be incorporated into and considered in determining program eligibility through adjudication
of—
‘‘(aa) pending petitions from immigrants
investing in the offering described in the
approved application who are seeking classification under this paragraph; and
‘‘(bb) petitions by immigrants described in
item (aa) that are filed under section 216A.
‘‘(iv) SITE VISITS.—The Secretary of Homeland
Security shall—
‘‘(I) perform site visits to regional centers not
earlier than 24 hours after providing notice of
such site visit; and
‘‘(II) perform at least 1 site visit to, as
applicable, each new commercial enterprise or jobcreating entity, or the business locations where
any jobs that are claimed as being created.
‘‘(v) PARAMETERS FOR CAPITAL REDEPLOYMENT.—
‘‘(I) IN GENERAL.—The Secretary of Homeland
Security shall prescribe regulations, in accordance
with subchapter II of chapter 5 and chapter 7
of title 5, United States Code (commonly known
as the ‘Administrative Procedure Act’), that allow
a new commercial enterprise to redeploy investment funds anywhere within the United States
or its territories for the purpose of maintaining
the investors’ capital at risk if—
‘‘(aa) the new commercial enterprise has
executed the business plan for a capital investment project in good faith without a material
change;
‘‘(bb) the new commercial enterprise has
created a sufficient number of new full time
positions to satisfy the job creation requirements of the program for all investors in the
new commercial enterprise, either directly or
indirectly, as evidenced by the methodologies
set forth in this Act;
‘‘(cc) the job creating entity has repaid
the capital initially deployed in conformity
with the initial investment contemplated by
the business plan; and
‘‘(dd) the capital, after repayment by the
job creating entity, remains at risk and it is
not redeployed in passive investments, such
as stocks or bonds.
‘‘(II) TERMINATION.—The Secretary of Homeland Security shall terminate the designation of
a regional center if the Secretary determines that
a new commercial enterprise has violated any of
the requirements under subclause (I) in the
redeployment of funds invested in such regional
center.
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Notification.
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‘‘(G) REGIONAL CENTER ANNUAL STATEMENTS.—
‘‘(i) IN GENERAL.—Each regional center designated
under subparagraph (E) shall submit an annual statement, in a manner prescribed by the Secretary of
Homeland Security. Each such statement shall
include—
‘‘(I) a certification stating that, to the best
of the certifier’s knowledge, after a due diligence
investigation, the regional center is in compliance
with clauses (i) and (ii) of subparagraph (H);
‘‘(II) a certification described in subparagraph
(I)(ii)(II);
‘‘(III) a certification stating that, to the best
of the certifier’s knowledge, after a due diligence
investigation, the regional center is in compliance
with subparagraph (K)(iii);
‘‘(IV) a description of any pending material
litigation or bankruptcy proceedings, or material
litigation or bankruptcy proceedings resolved
during the preceding fiscal year, involving the
regional center, the new commercial enterprise,
or any affiliated job-creating entity;
‘‘(V) an accounting of all individual alien
investor capital invested in the regional center,
new commercial enterprise, and job-creating
entity;
‘‘(VI) for each new commercial enterprise associated with the regional center—
‘‘(aa) an accounting of the aggregate capital invested in the new commercial enterprise
and any job-creating entity by alien investors
under this paragraph for each capital investment project being undertaken by the new
commercial enterprise;
‘‘(bb) a description of how the capital
described in item (aa) is being used to execute
each capital investment project in the filed
business plan or plans;
‘‘(cc) evidence that 100 percent of the capital described in item (aa) has been committed
to each capital investment project;
‘‘(dd) detailed evidence of the progress
made toward the completion of each capital
investment project;
‘‘(ee) an accounting of the aggregate direct
jobs created or preserved;
‘‘(ff) to the best of the regional center’s
knowledge, for all fees, including administrative fees, loan monitoring fees, loan management fees, commissions and similar transaction-based compensation, collected from
alien investors by the regional center, the new
commercial enterprise, any affiliated job-creating entity, any affiliated issuer of securities
intended to be offered to alien investors, or
any promoter, finder, broker-dealer, or other
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136 STAT. 1083
entity engaged by any of the aforementioned
entities to locate individual investors—
‘‘(AA) a description of all fees collected;
‘‘(BB) an accounting of the entities
that received such fees; and
‘‘(CC) the purpose for which such fees
were collected;
‘‘(gg) any documentation referred to in
subparagraph (F)(i)(IV) if there has been a
material change during the preceding fiscal
year; and
‘‘(hh) a certification by the regional center
that the information provided under items (aa)
through (gg) is accurate, to the best of the
certifier’s knowledge, after a due diligence
investigation; and
‘‘(VII) a description of the regional center’s
policies and procedures that are designed to enable
the regional center to comply with applicable Federal labor laws.
‘‘(ii) AMENDMENT OF ANNUAL STATEMENTS.—The
Secretary of Homeland Security—
‘‘(I) shall require the regional center to amend
or supplement an annual statement required
under clause (i) if the Secretary determines that
such statement is deficient; and
‘‘(II) may require the regional center to amend
or supplement such annual statement if the
Director determines that such an amendment or
supplement is appropriate.
‘‘(iii) SANCTIONS.—
‘‘(I) EFFECT OF VIOLATION.—The Director shall
sanction any regional center entity in accordance
with subclause (II) if the regional center fails to
submit an annual statement or if the Director
determines that the regional center—
‘‘(aa) knowingly submitted or caused to
be submitted a statement, certification, or any
information submitted pursuant to this
subparagraph that contained an untrue statement of material fact; or
‘‘(bb) is conducting itself in a manner
inconsistent with its designation under
subparagraph (E), including any willful, undisclosed, and material deviation by new commercial enterprises from any filed business plan
for such new commercial enterprises.
‘‘(II) AUTHORIZED SANCTIONS.—The Director
shall establish a graduated set of sanctions based
on the severity of the violations referred to in
subclause (I), including—
‘‘(aa) fines equal to not more than 10 percent of the total capital invested by alien investors in the regional center’s new commercial
enterprises or job-creating entities directly
involved in such violations, the payment of
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Determinations.
Determination.
PUBL103
136 STAT. 1084
which shall not in any circumstance utilize
any of such alien investors’ capital investments, and which shall be deposited into the
EB–5 Integrity Fund established under
subparagraph (J);
‘‘(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director
if the individual or entity cures the alleged
violation after being provided such an opportunity by the Director;
‘‘(cc) permanent bar from participation in
the program described in subparagraph (E)
for 1 or more individuals or business entities
associated with the regional center, new
commercial enterprise, or job-creating entity;
and
‘‘(dd) termination of regional center designation.
‘‘(iv) AVAILABILITY OF ANNUAL STATEMENTS TO
INVESTORS.—Not later than 30 days after a request
from an alien investor, a regional center shall make
available to such alien investor a copy of the filed
annual statement and any amendments filed to such
statement, which shall be redacted to exclude any
information unrelated to such alien investor or the
new commercial enterprise or job creating entity into
which the alien investor invested.
‘‘(H) BONA FIDES OF PERSONS INVOLVED WITH REGIONAL
CENTER PROGRAM.—
‘‘(i) IN GENERAL.—The Secretary of Homeland
Security may not permit any person to be involved
with any regional center, new commercial enterprise,
or job-creating entity if—
‘‘(I) the person has been found to have committed—
‘‘(aa) a criminal or civil offense involving
fraud or deceit within the previous 10 years;
‘‘(bb) a civil offense involving fraud or
deceit that resulted in a liability in excess
of $1,000,000; or
‘‘(cc) a crime for which the person was
convicted and sentenced to a term of imprisonment of more than 1 year;
‘‘(II) the person is subject to a final order,
for the duration of any penalty imposed by such
order, of a State securities commission (or an
agency or officer of a State performing similar
functions), a State authority that supervises or
examines banks, savings associations, or credit
unions, a State insurance commission (or an
agency or officer of a State performing similar
functions), an appropriate Federal banking agency,
the Commodity Futures Trading Commission, the
Securities and Exchange Commission, a financial
self-regulatory organization recognized by the
Securities and Exchange Commission, or the
Deadline.
Records.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1085
National Credit Union Administration, which is
based on a violation of any law or regulation that—
‘‘(aa) prohibits fraudulent, manipulative,
or deceptive conduct; or
‘‘(bb) bars the person from—
‘‘(AA) association with an entity regulated by such commission, authority,
agency, or officer;
‘‘(BB) appearing before such commission, authority, agency, or officer;
‘‘(CC) engaging in the business of
securities, insurance, or banking; or
‘‘(DD) engaging in savings association
or credit union activities;
‘‘(III) the Secretary determines that the person
is engaged in, has ever been engaged in, or seeks
to engage in—
‘‘(aa) any illicit trafficking in any controlled substance or in any listed chemical (as
defined in section 102 of the Controlled Substances Act);
‘‘(bb) any activity relating to espionage,
sabotage, or theft of intellectual property;
‘‘(cc) any activity related to money laundering (as described in section 1956 or 1957
of title 18, United States Code);
‘‘(dd) any terrorist activity (as defined in
section 212(a)(3)(B));
‘‘(ee) any activity constituting or facilitating human trafficking or a human rights
offense;
‘‘(ff) any activity described in section
212(a)(3)(E); or
‘‘(gg) the violation of any statute, regulation, or Executive order regarding foreign
financial transactions or foreign asset control;
or
‘‘(IV) the person—
‘‘(aa) is, or during the preceding 10 years
has been, included on the Department of Justice’s List of Currently Disciplined Practitioners; or
‘‘(bb) during the preceding 10 years, has
received a reprimand or has otherwise been
publicly disciplined for conduct related to
fraud or deceit by a State bar association of
which the person is or was a member.
‘‘(ii) FOREIGN INVOLVEMENT IN REGIONAL CENTER
PROGRAM.—
‘‘(I) LAWFUL STATUS REQUIRED.—A person may
not be involved with a regional center unless the
person—
‘‘(aa) is a national of the United States
or an individual who has been lawfully
admitted for permanent residence (as such
terms are defined in paragraphs (20) and (22)
of section 101(a)); and
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Time period.
PUBL103
136 STAT. 1086
PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(bb) is not the subject of rescission or
removal proceedings.
‘‘(II) FOREIGN GOVERNMENTS.—No agency, official, or other similar entity or representative of
a foreign government entity may provide capital
to, or be directly or indirectly involved with the
ownership or administration of, a regional center,
a new commercial enterprise, or a job-creating
entity, except that a foreign or domestic investment fund or other investment vehicle that is
wholly or partially owned, directly or indirectly,
by a bona fide foreign sovereign wealth fund or
a foreign state-owned enterprise otherwise permitted to do business in the United States may
be involved with the ownership, but not the
administration, of a job-creating entity that is not
an affiliated job-creating entity.
‘‘(III) RULEMAKING.—Not later than 270 days
after the date of the enactment of the EB–5 Reform
and Integrity Act of 2022, the Secretary shall issue
regulations implementing subparagraphs (I) and
(II).
‘‘(iii) INFORMATION REQUIRED.—The Secretary of
Homeland Security—
‘‘(I) shall require such attestations and
information, including the submission of fingerprints or other biometrics to the Federal Bureau
of Investigation with respect to a regional center,
a new commercial enterprise, and any affiliated
job creating entity, and persons involved with such
entities (as described in clause (v)), as may be
necessary to determine whether such entities are
in compliance with clauses (i) and (ii);
‘‘(II) shall perform such criminal record checks
and other background and database checks with
respect to a regional center, a new commercial
enterprise, and any affiliated job-creating entity,
and persons involved with such entities (as
described in clause (v)), as may be necessary to
determine whether such entities are in compliance
with clauses (i) and (ii); and
‘‘(III) may, at the Secretary’s discretion,
require the information described to in subclause
(I) and may perform the checks described in subclause (II) with respect to any job creating entity
and persons involved with such entity if there
is a reasonable basis to believe such entity or
person is not in compliance with clauses (i) and
(ii).
‘‘(iv) TERMINATION.—
‘‘(I) IN GENERAL.—The Secretary of Homeland
Security may suspend or terminate the designation
of any regional center, or the participation under
the program of any new commercial enterprise
or job-creating entity under this paragraph if the
Secretary determines that such entity—
Deadline.
Attestations.
Determinations.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1087
‘‘(aa) knowingly involved a person with
such entity in violation of clause (i) or (ii)
by failing, within 14 days of acquiring such
knowledge—
‘‘(AA) to take commercially reasonable
efforts to discontinue the prohibited person’s involvement; or
‘‘(BB) to provide notice to the Secretary;
‘‘(bb) failed to provide an attestation or
information requested by the Secretary under
clause (iii)(I); or
‘‘(cc) knowingly provided any false attestation or information under clause (iii)(I).
‘‘(II) LIMITATION.—The Secretary’s authorized
sanctions under subclause (I) shall be limited to
entities that have engaged in any activity
described in subclause (I).
‘‘(III) INFORMATION.—
‘‘(aa) NOTIFICATION.—The Secretary, after
performing the criminal record checks and
other background checks described in clause
(iii), shall notify a regional center, new
commercial enterprise, or job-creating entity
whether any person involved with such entities is not in compliance with clause (i) or
(ii), unless the information that provides the
basis for the determination is classified or
disclosure is otherwise prohibited under law.
‘‘(bb) EFFECT OF FAILURE TO RESPOND.—
If the regional center, new commercial enterprise, or job-creating entity fails to discontinue
the prohibited person’s involvement with the
regional center, new commercial enterprise, or
job-creating entity, as applicable, within 30
days after receiving such notification, such
entity shall be deemed to have knowledge
under subclause (I)(aa) that the involvement
of such person with the entity is in violation
of clause (i) or (ii).
‘‘(v) PERSONS INVOLVED WITH A REGIONAL CENTER,
NEW COMMERCIAL ENTERPRISE, OR JOB-CREATING
ENTITY.—For the purposes of this paragraph, unless
otherwise determined by the Secretary of Homeland
Security, a person is involved with a regional center,
a new commercial enterprise, any affiliated job-creating
entity, as applicable, if the person is, directly or
indirectly, in a position of substantive authority to
make operational or managerial decisions over pooling,
securitization, investment, release, acceptance, or control or use of any funding that was procured under
the program described in subparagraph (E). An individual may be in a position of substantive authority
if the person serves as a principal, a representative,
an administrator, an owner, an officer, a board
member, a manager, an executive, a general partner,
a fiduciary, an agent, or in a similar position at the
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Deadline.
Notification.
Deadline.
Determination.
PUBL103
136 STAT. 1088
PUBLIC LAW 117–103—MAR. 15, 2022
regional center, new commercial enterprise, or job-creating entity, respectively.
‘‘(I) COMPLIANCE WITH SECURITIES LAWS.—
‘‘(i) JURISDICTION.—
‘‘(I) IN GENERAL.—The United States has jurisdiction, including subject matter jurisdiction, over
the purchase or sale of any security offered or
sold, or any investment advice provided, by any
regional center or any party associated with a
regional center for purposes of the securities laws.
‘‘(II) COMPLIANCE WITH REGULATION S.—For
purposes of section 5 of the Securities Act of 1933
(15 U.S.C. 77e), a regional center or any party
associated with a regional center is not precluded
from offering or selling a security pursuant to
Regulation S (17 C.F.R. 230.901 et seq.) to the
extent that such offering or selling otherwise complies with that regulation.
‘‘(III) SAVINGS PROVISION.—Subclause (I) is not
intended to modify any existing rules or regulations of the Securities and Exchange Commission
related to the application of section 15(a) of the
Securities and Exchange Act of 1934 (15 U.S.C.
78o(a)) to foreign brokers or dealers.
‘‘(ii)
REGIONAL
CENTER
CERTIFICATIONS
REQUIRED.—
‘‘(I) INITIAL CERTIFICATION.—The Secretary of
Homeland Security may not approve an application
for regional center designation or regional center
amendment unless the regional center certifies
that, to the best of the certifier’s knowledge, after
a due diligence investigation, the regional center
is in compliance with and has policies and procedures, including those related to internal and
external due diligence, reasonably designed to confirm, as applicable, that all parties associated with
the regional center are and will remain in compliance with the securities laws of the United States
and of any State in which—
‘‘(aa) the offer, purchase, or sale of securities was conducted;
‘‘(bb) the issuer of securities was located;
or
‘‘(cc) the investment advice was provided
by the regional center or parties associated
with the regional center.
‘‘(II) REISSUE.—A regional center shall
annually reissue a certification described in subclause (I), in accordance with subparagraph (G),
to certify compliance with clause (iii) by stating
that—
‘‘(aa) the certification is made by a certifier;
‘‘(bb) to the best of the certifier’s knowledge, after a due diligence investigation, all
such offers, purchases, and sales of securities
or the provision of investment advice complied
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1089
with the securities laws of the United States
and the securities laws of any State in which—
‘‘(AA) the offer, purchase, or sale of
securities was conducted;
‘‘(BB) the issuer of securities was
located; or
‘‘(CC) the investment advice was provided; and
‘‘(cc) records, data, and information
related to such offers, purchases, and sales
have been maintained.
‘‘(III) EFFECT OF NONCOMPLIANCE.—If a
regional center, through its due diligence, discovered during the previous fiscal year that the
regional center or any party associated with the
regional center was not in compliance with the
securities laws of the United States or the securities laws of any State in which the securities activities were conducted by any party associated with
the regional center, the certifier shall—
‘‘(aa) describe the activities that led to
noncompliance;
‘‘(bb) describe the actions taken to remedy
the noncompliance; and
‘‘(cc) certify that the regional center and
all parties associated with the regional center
are currently in compliance, to the best of
the certifier’s knowledge, after a due diligence
investigation.
‘‘(iii) OVERSIGHT REQUIRED.—Each regional center
shall—
‘‘(I) use commercially reasonable efforts to
monitor and supervise compliance with the securities laws in relations to all offers, purchases, and
sales of, and investment advice relating to, securities made by parties associated with the regional
center;
‘‘(II) maintain records, data, and information
relating to all such offers, purchases, sales, and
investment advice during the 5-year period beginning on the date of their creation; and
‘‘(III) make the records, data, and information
described in subclause (II) available to the Secretary or to the Securities and Exchange Commission upon request.
‘‘(iv) SUSPENSION OR TERMINATION.—In addition to
any other authority provided to the Secretary under
this paragraph, the Secretary, in the Secretary’s discretion, may suspend or terminate the designation of any
regional center or impose other sanctions against the
regional center if the regional center, or any parties
associated with the regional center that the regional
center knew or reasonably should have known—
‘‘(I) are permanently or temporarily enjoined
by order, judgment, or decree of any court of competent jurisdiction in connection with the offer,
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Data.
Records.
Data.
Time period.
PUBL103
136 STAT. 1090
PUBLIC LAW 117–103—MAR. 15, 2022
purchase, or sale of a security or the provision
of investment advice;
‘‘(II) are subject to any final order of the Securities and Exchange Commission or a State securities regulator that—
‘‘(aa) bars such person from association
with an entity regulated by the Securities and
Exchange Commission or a State securities
regulator; or
‘‘(bb) constitutes a final order based on
a finding of an intentional violation or a violation related to fraud or deceit in connection
with the offer, purchase, or sale of, or investment advice relating to, a security; or
‘‘(III) submitted, or caused to be submitted,
a certification described in clause (ii) that contained an untrue statement of a material fact or
omitted to state a material fact necessary in order
to make the statements made, in light of the circumstances under which they were made, not misleading.
‘‘(v) DEFINED TERM.—In this subparagraph, the
term ‘parties associated with a regional center’
means—
‘‘(I) the regional center;
‘‘(II) any new commercial enterprise or affiliated job-creating entity or issuer of securities associated with the regional center;
‘‘(III) the regional center’s and new commercial
enterprise’s owners, officers, directors, managers,
partners, agents, employees, promoters and attorneys, or similar position, as determined by the
Secretary; and
‘‘(IV) any person under the control of the
regional center, new commercial enterprise, or
issuer of securities associated with the regional
center who is responsible for the marketing,
offering, or sale of any security offered in connection with the capital investment project.
‘‘(vi) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to impair or limit the authority
of the Securities and Exchange Commission under the
Federal securities laws or any State securities regulator under State securities laws.
‘‘(J) EB–5 INTEGRITY FUND.—
‘‘(i) ESTABLISHMENT.—There is established in the
United States Treasury a special fund, which shall
be known as the ‘EB–5 Integrity Fund’ (referred to
in this subparagraph as the ‘Fund’). Amounts deposited
into the Fund shall be available to the Secretary of
Homeland Security until expended for the purposes
set forth in clause (iii).
‘‘(ii) FEES.—
‘‘(I) ANNUAL FEE.—On October 1, 2022, and
each October 1 thereafter, the Secretary of Homeland Security shall collect for the Fund an annual
fee—
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Time period.
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136 STAT. 1091
‘‘(aa) except as provided in item (bb), of
$20,000 from each regional center designated
under subparagraph (E); and
‘‘(bb) of $10,000 from each such regional
center with 20 or fewer total investors in the
preceding fiscal year in its new commercial
enterprises.
‘‘(II) PETITION FEE.—Beginning on October 1,
2022, the Secretary shall collect a fee of $1,000
for the Fund with each petition filed under section
204(a)(1)(H) for classification under subparagraph
(E). The fee under this subclause is in addition
to the fee that the Secretary is authorized to establish and collect for each petition to recover the
costs of adjudication and naturalization services
under section 286(m).
‘‘(III) INCREASES.—The Secretary may increase
the amounts under this clause by prescribing such
regulations as may be necessary to ensure that
amounts in the Fund are sufficient to carry out
the purposes set forth in clause (iii).
‘‘(iii) PERMISSIBLE USES OF FUND.—The Secretary
shall—
‘‘(I) use not less than 1⁄3 of the amounts deposited into the Fund for investigations based outside
of the United States, including—
‘‘(aa) monitoring and investigating program-related events and promotional activities; and
‘‘(bb) ensuring an alien investor’s compliance with subparagraph (L); and
‘‘(II) use amounts deposited into the Fund—
‘‘(aa) to detect and investigate fraud or
other crimes;
‘‘(bb) to determine whether regional centers, new commercial enterprises, job-creating
entities, and alien investors (and their alien
spouses and alien children) comply with the
immigration laws;
‘‘(cc) to conduct audits and site visits; and
‘‘(dd) as the Secretary determines to be
necessary, including monitoring compliance
with the requirements under section 107 of
the EB–5 Reform and Integrity Act of 2022.
‘‘(iv) FAILURE TO PAY FEE.—The Secretary of Homeland Security shall—
‘‘(I) impose a reasonable penalty, which shall
be deposited into the Fund, if any regional center
does not pay the fee required under clause (ii)
within 30 days after the date on which such fee
is due; and
‘‘(II) terminate the designation of any regional
center that does not pay the fee required under
clause (ii) within 90 days after the date on which
such fee is due.
‘‘(v) REPORT.—The Secretary shall submit an
annual report to the Committee on the Judiciary of
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Effective date.
Regulations.
Compliance.
Investigations.
Determination.
Audits.
Determination.
Deadlines.
Termination.
PUBL103
136 STAT. 1092
PUBLIC LAW 117–103—MAR. 15, 2022
the Senate and the Committee on the Judiciary of
the House of Representatives that describes how
amounts in the Fund were expended during the previous fiscal year.
‘‘(K) DIRECT AND THIRD-PARTY PROMOTERS.—
‘‘(i) RULES AND STANDARDS.—Direct and thirdparty promoters (including migration agents) of a
regional center, any new commercial enterprise, an
affiliated job-creating entity, or an issuer of securities
intended to be offered to alien investors in connection
with a particular capital investment project shall
comply with the rules and standards prescribed by
the Secretary of Homeland Security and any applicable
Federal or State securities laws, to oversee promotion
of any offering of securities related to the EB–5 Program, including—
‘‘(I) registration with U.S. Citizenship and
Immigration Services, which—
‘‘(aa) includes identifying and contact
information for such promoter and confirmation of the existence of the written agreement
required under clause (iii); and
‘‘(bb) may be made publicly available at
the discretion of the Secretary;
‘‘(II) certification by each promoter that such
promoter is not ineligible under subparagraph
(H)(i);
‘‘(III) guidelines for accurately representing
the visa process to foreign investors; and
‘‘(IV) guidelines describing permissible fee
arrangements under applicable securities and
immigration laws.
‘‘(ii) EFFECT OF VIOLATION.—If the Secretary determines that a direct or third-party promoter has violated clause (i), the Secretary shall suspend or permanently bar such individual from participation in the
program described in subparagraph (E).
‘‘(iii) COMPLIANCE.—Each regional center, new
commercial enterprise, and affiliated job-creating
entity shall maintain a written agreement between
or among such entities and each direct or third-party
promoter operating on behalf of such entities that outlines the rules and standards prescribed under clause
(i).
‘‘(iv) DISCLOSURE.—Each petition filed under section 204(a)(1)(H) shall include a disclosure, signed by
the investor, that reflects all fees, ongoing interest,
and other compensation paid to any person that the
regional center or new commercial enterprise knows
has received, or will receive, in connection with the
investment, including compensation to agents, finders,
or broker dealers involved in the offering, to the extent
not already specifically identified in the business plan
filed under subparagraph (F).
‘‘(L) SOURCE OF FUNDS.—
‘‘(i) IN GENERAL.—An alien investor shall demonstrate that the capital required under subparagraph
Compliance.
Guidelines.
Public
information.
Certification.
Determination.
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136 STAT. 1093
(A) and any funds used to pay administrative costs
and fees associated with the alien’s investment were
obtained from a lawful source and through lawful
means.
‘‘(ii) REQUIRED INFORMATION.—The Secretary of
Homeland Security shall require that an alien investor’s petition under this paragraph contain, as
applicable—
‘‘(I) business and tax records, or similar
records, including—
‘‘(aa) foreign business registration records;
‘‘(bb) corporate or partnership tax returns
(or tax returns of any other entity in any
form filed in any country or subdivision of
such country), and personal tax returns,
including income, franchise, property (whether
real, personal, or intangible), or any other tax
returns of any kind, filed during the past 7
years (or another period to be determined by
the Secretary to ensure that the investment
is obtained from a lawful source of funds) with
any taxing jurisdiction within or outside the
United States by or on behalf of the alien
investor; and
‘‘(cc) any other evidence identifying any
other source of capital or administrative fees;
‘‘(II) evidence related to monetary judgments
against the alien investor, including certified
copies of any judgments, and evidence of all
pending governmental civil or criminal actions,
governmental administrative proceedings, and any
private civil actions (pending or otherwise)
involving possible monetary judgments against the
alien investor from any court within or outside
the United States; and
‘‘(III) the identity of all persons who transfer
into the United States, on behalf of the investor,
any funds that are used to meet the capital
requirement under subparagraph (A).
‘‘(iii) GIFT AND LOAN RESTRICTIONS.—
‘‘(I) IN GENERAL.—Gifted and borrowed funds
may not be counted toward the minimum capital
investment requirement under subparagraph (C)
unless such funds—
‘‘(aa) were gifted or loaned to the alien
investor in good faith; and
‘‘(bb) were not gifted or loaned to circumvent any limitations imposed on permissible sources of capital under this subparagraph, including but not limited to proceeds
from illegal activity.
‘‘(II)
RECORDS
REQUIREMENT.—If
funds
invested under subparagraph (A) are gifted or
loaned to the alien investor, the Secretary shall
require that the alien investor’s petition under
this paragraph includes the records described in
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Time period.
Determination.
PUBL103
136 STAT. 1094
subclauses (I) and (II) of clause (ii) from the donor
or, if other than a bank, the lender.
‘‘(M) TREATMENT OF GOOD FAITH INVESTORS FOLLOWING
PROGRAM NONCOMPLIANCE.—
‘‘(i) TERMINATION OR DEBARMENT OF EB–5 ENTITY.—
Except as provided in clause (vi), upon the termination
or debarment, as applicable, from the program under
this paragraph of a regional center, a new commercial
enterprise, or a job-creating entity—
‘‘(I) an otherwise qualified petition under section 204(a)(1)(H) or the conditional permanent residence of an alien who has been admitted to the
United States pursuant to section 216A(a)(1) based
on an investment in a terminated regional center,
new commercial enterprise, or job-creating entity
shall remain valid or continue to be authorized,
as applicable, consistent with this subparagraph;
and
‘‘(II) the Secretary of Homeland Security shall
notify the alien beneficiaries of such petitions of
such termination or debarment.
‘‘(ii) NEW REGIONAL CENTER OR INVESTMENT.—The
petition under section 204(a)(1)(H) of an alien described
in clause (i) and the conditional permanent resident
status of an alien described in clause (i) shall be terminated 180 days after notification of the termination
from the program under this paragraph of a regional
center, a new commercial enterprise, or a job creating
entity (but not sooner than 180 days after the date
of the enactment of the EB–5 Reform and Integrity
Act of 2022) unless—
‘‘(I) in the case of the termination of a regional
center—
‘‘(aa) the new commercial enterprise
associates with an approved regional center,
regardless of the approved geographical
boundaries of such regional center’s designation; or
‘‘(bb) such alien makes a qualifying investment in another new commercial enterprise;
or
‘‘(II) in the case of the debarment of a new
commercial enterprise or job-creating entity, such
alien—
‘‘(aa) associates with a new commercial
enterprise in good standing; and
‘‘(bb) invests additional investment capital
solely to the extent necessary to satisfy
remaining job creation requirements under
subparagraph (A)(ii).
‘‘(iii) AMENDMENTS.—
‘‘(I) FILING REQUIREMENT.—The Secretary
shall permit a petition described in clause (i)(I)
to be amended to allow such petition to meet the
applicable eligibility requirements under clause
(ii), or to notify the Secretary that a pending or
approved petition continues to meet the eligibility
Notification.
Termination.
Deadline.
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Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1095
requirements described in clause (ii) notwithstanding termination or debarment described in
clause (i) if such amendment is filed not later
than 180 days after the Secretary provides notification of termination or debarment of a regional
center, a new commercial enterprise, or a job-creating entity, as applicable.
‘‘(II) DETERMINATION OF ELIGIBILITY.—For purposes of determining eligibility under subclause
(I)—
‘‘(aa) the Secretary shall permit amendments to the business plan, without such facts
underlying the amendment being deemed a
material change; and
‘‘(bb) may deem any funds obtained or
recovered by an alien investor, directly or
indirectly, from claims against third parties,
including insurance proceeds, or any additional investment capital provided by the
alien, to be such alien’s investment capital
for the purposes of subparagraph (A) if such
investment otherwise complies with the
requirements under this paragraph and section 216A.
‘‘(iv) REMOVAL OF CONDITIONS.—Aliens described
in subclauses (I)(bb) and (II) of clause (ii) shall be
eligible to have their conditions removed pursuant to
section 216A beginning on the date that is 2 years
after the date of the subsequent investment.
‘‘(v) REMEDIES.—For petitions approved under
clause (ii), including following an amendment filed
under clause (iii), the Secretary—
‘‘(I) shall retain the immigrant visa priority
date related to the original petition and prevent
age-out of derivative beneficiaries; and
‘‘(II) may hold such petition in abeyance and
extend any applicable deadlines under this paragraph.
‘‘(vi) EXCEPTION.—If the Secretary has reason to
believe that an alien was a knowing participant in
the conduct that led to the termination of a regional
center, new commercial enterprise, or job-creating
entity described in clause (i)—
‘‘(I) the alien shall not be accorded any benefit
under this subparagraph; and
‘‘(II) the Secretary shall—
‘‘(aa) notify the alien of such belief; and
‘‘(bb) subject to section 216A(b)(2), shall
deny or initiate proceedings to revoke the
approval of such alien’s petition, application,
or benefit (and that of any spouse or child,
if applicable) described in this paragraph.
‘‘(N) THREATS TO THE NATIONAL INTEREST.—
‘‘(i) DENIAL OR REVOCATION.—The Secretary of
Homeland Security shall deny or revoke the approval
of a petition, application, or benefit described in this
paragraph, including the documents described in clause
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Time period.
Notification.
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(ii), if the Secretary determines, in the Secretary’s
discretion, that the approval of such petition, application, or benefit is contrary to the national interest
of the United States for reasons relating to threats
to public safety or national security.
‘‘(ii) DOCUMENTS.—The documents described in
this clause are—
‘‘(I) a certification, designation, or amendment
to the designation of a regional center;
‘‘(II) a petition seeking classification of an alien
as an alien investor under this paragraph;
‘‘(III) a petition to remove conditions under
section 216A;
‘‘(IV) an application for approval of a business
plan in a new commercial enterprise under
subparagraph (F); or
‘‘(V) a document evidencing conditional permanent resident status that was issued to an alien
pursuant to section 216A.
‘‘(iii) DEBARMENT.—If a regional center, new
commercial enterprise, or job-creating entity has its
designation or participation in the program under this
paragraph terminated for reasons relating to public
safety or national security, any person associated with
such regional center, new commercial enterprise, or
job-creating entity, including an alien investor, shall
be permanently barred from future participation in
the program under this paragraph if the Secretary
of Homeland Security, in the Secretary’s discretion,
determines, by a preponderance of the evidence, that
such person was a knowing participant in the conduct
that led to the termination.
‘‘(iv) NOTICE.—If the Secretary of Homeland Security determines that the approval of a petition, application, or benefit described in this paragraph should
be denied or revoked pursuant to clause (i), the Secretary shall—
‘‘(I) notify the relevant individual, regional
center, or commercial entity of such determination;
‘‘(II) deny or revoke such petition, application,
or benefit or terminate the permanent resident
status of the alien (and the alien spouse and alien
children of such immigrant), as of the date of
such determination; and
‘‘(III) provide any United States-owned
regional center, new commercial enterprise, or job
creating entity an explanation for such determination unless the relevant information is classified
or disclosure is otherwise prohibited under law.
‘‘(v) JUDICIAL REVIEW.—Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and
1651 of such title, no court shall have jurisdiction
to review a denial or revocation under this subparagraph. Nothing in this clause may be construed as
precluding review of constitutional claims or questions
Certification.
Determination.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1097
of law raised upon a petition for review filed with
an appropriate court of appeals in accordance with
section 242.
‘‘(O) FRAUD, MISREPRESENTATION, AND CRIMINAL
MISUSE.—
‘‘(i) DENIAL OR REVOCATION.—Subject to subparagraph (M), the Secretary of Homeland Security shall
deny or revoke the approval of a petition, application,
or benefit described in this paragraph, including the
documents described in subparagraph (N)(ii), if the
Secretary determines, in the Secretary’s discretion,
that such petition, application, or benefit was predicated on or involved fraud, deceit, intentional material
misrepresentation, or criminal misuse.
‘‘(ii) DEBARMENT.—If a regional center, new
commercial enterprise, or job-creating entity has its
designation or participation in the program under this
paragraph terminated for reasons relating to fraud,
intentional material misrepresentation, or criminal
misuse, any person associated with such regional
center, new commercial enterprise, or job-creating
entity, including an alien investor, shall be permanently barred from future participation in the program
if the Secretary determines, in the Secretary’s discretion, by a preponderance of the evidence, that such
person was a knowing participant in the conduct that
led to the termination.
‘‘(iii) NOTICE.—If the Secretary determines that
the approval of a petition, application, or benefit
described in this paragraph should be denied or
revoked pursuant to clause (i), the Secretary shall—
‘‘(I) notify the relevant individual, regional
center, or commercial entity of such determination;
and
‘‘(II) deny or revoke such petition, application,
or benefit or terminate the permanent resident
status of the alien (and the alien spouse and alien
children of such immigrant), in accordance with
clause (i), as of the date of such determination.
‘‘(P) ADMINISTRATIVE APPELLATE REVIEW.—
‘‘(i) IN GENERAL.—The Director of U.S. Citizenship
and Immigration Services shall provide an opportunity
for an administrative appellate review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services of any determination made under this
paragraph, including—
‘‘(I) an application for regional center designation or regional center amendment;
‘‘(II) an application for approval of a business
plan filed under subparagraph (F);
‘‘(III) a petition by an alien investor for status
as an immigrant under this paragraph;
‘‘(IV) the termination or suspension of any benefit accorded under this paragraph; and
‘‘(V) any sanction imposed by the Secretary
under this paragraph.
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Determinations.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(ii) JUDICIAL REVIEW.—Subject to subparagraph
(N)(v) and section 242(a)(2), and notwithstanding any
other provision of law (statutory or nonstatutory),
including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections
1361 and 1651 of such title, no court shall have jurisdiction to review a determination under this paragraph
until the regional center, its associated entities, or
the alien investor has exhausted all administrative
appeals.
‘‘(Q) FUND ADMINISTRATION.—
‘‘(i) IN GENERAL.—Each new commercial enterprise
shall deposit and maintain the capital investment of
each alien investor in a separate account, including
amounts held in escrow.
‘‘(ii) USE OF FUNDS.—Amounts in a separate
account may only—
‘‘(I) be transferred to another separate account
or a job creating entity;
‘‘(II) otherwise be deployed into the capital
investment project for which the funds were
intended; or
‘‘(III) be transferred to the alien investor who
contributed the funds as a refund of that investor’s
capital investment, if otherwise permitted under
this paragraph.
‘‘(iii) DEPLOYMENT OF FUNDS INTO AN AFFILIATED
JOB-CREATING ENTITY.—If amounts are transferred to
an affiliated job-creating entity pursuant to clause
(ii)(I)—
‘‘(I) the affiliated job-creating entity shall
maintain such amounts in a separate account until
they are deployed into the capital investment
project for which they were intended; and
‘‘(II) not later than 30 days after such amounts
are deployed pursuant to subclause (I), the affiliated job-creating entity shall provide written notice
to the fund administrator retained pursuant to
clause (iv) that a construction consultant or other
individual authorized by the Secretary has verified
that such amounts have been deployed into the
project.
‘‘(iv) FUND ADMINISTRATOR.—Except as provided
in clause (v), the new commercial enterprise shall
retain a fund administrator to fulfill the requirements
under this subparagraph. The fund administrator—
‘‘(I) shall be independent of, and not directly
related to, the new commercial enterprise, the
regional center associated with the new commercial enterprise, the job creating entity, or any of
the principals or managers of such entities;
‘‘(II) shall be licensed, active, and in good
standing as—
‘‘(aa) a certified public accountant;
‘‘(bb) an attorney;
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Deadline.
Notification.
Verification.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1099
‘‘(cc) a broker-dealer or investment adviser
registered with the Securities and Exchange
Commission; or
‘‘(dd) an individual or company that otherwise meets such requirements as may be
established by the Secretary;
‘‘(III) shall monitor and track any transfer of
amounts from the separate account;
‘‘(IV) shall serve as a cosignatory on all separate accounts;
‘‘(V) before any transfer of amounts from a
separate account, shall—
‘‘(aa) verify that the transfer complies with
all governing documents, including organizational, operational, and investment documents;
and
‘‘(bb) approve such transfer with a written
or electronic signature;
‘‘(VI) shall periodically provide each alien
investor with information about the activity of the
account in which the investor’s capital investment
is held, including—
‘‘(aa) the name and location of the bank
or financial institution at which the account
is maintained;
‘‘(bb) the history of the account; and
‘‘(cc) any additional information required
by the Secretary; and
‘‘(VII) shall make and preserve, during the
5-year period beginning on the last day of the
Federal fiscal year in which any transactions
occurred, books, ledgers, records, and other documentation necessary to comply with this clause,
which shall be provided to the Secretary upon
request.
‘‘(v) WAIVER.—
‘‘(I) WAIVER PERMITTED.—The Secretary of
Homeland Security, after consultation with the
Securities and Exchange Commission, may waive
the requirements under clause (iv) for any new
commercial enterprise or affiliated job-creating
entity that is controlled by or under common control of an investment adviser or broker-dealer that
is registered with the Securities and Exchange
Commission if the Secretary, in the Secretary’s
discretion, determines that the Securities and
Exchange Commission provides comparable protections and transparency for alien investors as the
protections and transparency provided under
clause (iv).
‘‘(II) WAIVER REQUIRED.—The Secretary of
Homeland Security shall waive the requirements
under clause (iv) for any new commercial enterprise that commissions an annual independent
financial audit of such new commercial enterprise
or job creating entity conducted in accordance with
Generally Accepted Auditing Standards, which
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Compliance.
Approval.
Time period.
Records.
Compliance.
Consultation.
Determination.
PUBL103
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PUBLIC LAW 117–103—MAR. 15, 2022
audit shall be provided to the Secretary and all
investors in the new commercial enterprise.
‘‘(vi) DEFINED TERM.—In this subparagraph, the
term ‘separate account’ means an account that—
‘‘(I) is maintained in the United States by
a new commercial enterprise or job creating entity
at a federally regulated bank or at another financial institution (as defined in section 20 of title
18, United States Code) in the United States;
‘‘(II) is insured; and
‘‘(III) contains only the pooled investment
funds of alien investors in a new commercial enterprise with respect to a single capital investment
project.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect on the date that is 60 days after
the date of the enactment of this Act.
(c) REQUIRED CHECKS.—
(1) IN GENERAL.—Section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)), as amended by subsection
(b), is further amended by adding at the end the following:
‘‘(R) REQUIRED CHECKS.—Any petition filed by an alien
under section 204(a)(1)(H) may not be approved under this
paragraph unless the Secretary of Homeland Security has
searched for the alien and any associated employer of such
alien on the Specially Designated Nationals List of the
Department of the Treasury Office of Foreign Assets Control.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect on the date of the enactment of this
Act.
8 USC 1153 note.
8 USC 1153 note.
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SEC. 104. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN
INVESTORS, SPOUSES, AND CHILDREN.
(a) IN GENERAL.—Section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b) is amended—
(1) by striking ‘‘Attorney General’’ each place such term
appears (except in subsection (d)(2)(C)) and inserting ‘‘Secretary
of Homeland Security’’;
(2) by striking ‘‘entrepreneur’’ each place such term appears
and inserting ‘‘investor’’;
(3) in subsection (a), by amending paragraph (1) to read
as follows:
‘‘(1) CONDITIONAL BASIS FOR STATUS.—An alien investor,
alien spouse, and alien child shall be considered, at the time
of obtaining status as an alien lawfully admitted for permanent
residence, to have obtained such status on a conditional basis
subject to the provisions of this section.’’;
(4) in subsection (b)—
(A) in the subsection heading, by striking
‘‘ENTREPRENEURSHIP’’ and inserting ‘‘INVESTMENT’’; and
(B) by amending paragraph (1)(B) to read as follows:
‘‘(B) the alien did not invest the requisite capital; or’’;
(5) in subsection (c)—
(A) in the subsection heading, by striking ‘‘OF TIMELY
PETITION AND INTERVIEW’’;
(B) in paragraph (1)—
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1101
(i) in the matter preceding subparagraph (A), by
striking ‘‘In order’’ and inserting ‘‘Except as provided
in paragraph (3)(D), in order’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘must’’ and inserting ‘‘shall’’;
and
(II) by striking ‘‘, and’’ and inserting a semicolon;
(iii) in subparagraph (B)—
(I) by striking ‘‘must’’ and inserting ‘‘shall’’;
(II) by striking ‘‘Service’’ and inserting
‘‘Department of Homeland Security’’; and
(III) by striking the period at the end and
inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(C) the Secretary shall have performed a site visit
to the relevant corporate office or business location
described in section 203(b)(5)(F)(iv).’’; and
(C) in paragraph (3)—
(i) in subparagraph (A), in the undesignated
matter following clause (ii), by striking ‘‘the’’ before
‘‘such filing’’; and
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) REMOVAL OR EXTENSION OF CONDITIONAL BASIS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), if the Secretary determines that the facts and
information contained in a petition submitted under
paragraph (1)(A) are true, including demonstrating
that the alien complied with subsection (d)(1)(B)(i),
the Secretary shall—
‘‘(I) notify the alien involved of such determination; and
‘‘(II) remove the conditional basis of the alien’s
status effective as of the second anniversary of
the alien’s lawful admission for permanent residence.
‘‘(ii) EXCEPTION.—If the petition demonstrates that
the facts and information are true and that the alien
is in compliance with subsection (d)(1)(B)(ii)—
‘‘(I) the Secretary, in the Secretary’s discretion,
may provide a 1-year extension of the alien’s conditional status; and
‘‘(II)(aa) if the alien files a petition not later
than 30 days after the third anniversary of the
alien’s lawful admission for permanent residence
demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall remove the
conditional basis of the alien’s status effective as
of such third anniversary; or
‘‘(bb) if the alien does not file the petition
described in item (aa), the conditional status shall
terminate at the end of such additional year.’’;
(6) in subsection (d)—
(A) in paragraph (1)—
(i) by amending subparagraph (A) to read as follows:
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Determination.
Compliance.
Notification.
Time period.
Extension.
Petition.
Deadline.
Effective date.
Termination.
PUBL103
136 STAT. 1102
Criteria.
Consultation.
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Determination.
8 USC 1186b
note.
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‘‘(A) invested the requisite capital;’’;
(ii) by redesignating subparagraph (B) as subparagraph (C); and
(iii) by inserting after subparagraph (A) the following:
‘‘(B)(i) created the employment required under section
203(b)(5)(A)(ii); or
‘‘(ii) is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create
such employment before the third anniversary of the alien’s
lawful admission for permanent residence, provided that
such alien’s capital will remain invested during such time;
and’’;
(B) in paragraph (2), by amending subparagraph (A)
to read as follows:
‘‘(A) NINETY-DAY PERIOD BEFORE SECOND ANNIVERSARY.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii) and subparagraph (B), a petition under subsection
(c)(1)(A) shall be filed during the 90-day period immediately preceding the second anniversary of the alien
investor’s lawful admission for permanent residence.
‘‘(ii) EXCEPTION.—Aliens described in subclauses
(I)(bb) and (II) of section 203(b)(5)(M)(ii) shall file a
petition under subsection (c)(1)(A) during the 90-day
period before the second anniversary of the subsequent
investment.’’; and
(C) in paragraph (3)—
(i) by striking ‘‘The interview’’ and inserting the
following:
‘‘(A) IN GENERAL.—The interview’’;
(ii) by striking ‘‘Service’’ and inserting ‘‘Department of Homeland Security’’; and
(iii) by striking the last sentence and inserting
the following:
‘‘(B) WAIVER.—The Secretary of Homeland Security,
in the Secretary’s discretion, may waive the deadline for
an interview under subsection (c)(1)(B) or the requirement
for such an interview according to criteria developed by
U.S. Citizenship and Immigration Services, in consultation
with its Fraud Detection and National Security Directorate
and U.S. Immigration and Customs Enforcement, provided
that such criteria do not include a reduction of case processing times or the allocation of adjudicatory resources.
A waiver may not be granted under this subparagraph
if the alien to be interviewed—
‘‘(i) invested in a regional center, new commercial
enterprise, or job-creating entity that was sanctioned
under section 203(b)(5); or
‘‘(ii) is in a class of aliens determined by the Secretary to be threats to public safety or national security.’’; and
(7) in subsection (f)(3), by striking ‘‘a limited partnership’’
and inserting ‘‘any entity formed for the purpose of doing forprofit business’’.
(b) EFFECTIVE DATES.—
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136 STAT. 1103
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on the
date of the enactment of this Act.
(2) EXCEPTIONS.—
(A) SITE VISITS.—The amendment made by subsection
(a)(5)(B)(iv) shall take effect on the date that is 2 years
after the date of the enactment of this Act.
(B) PETITION BENEFICIARIES.—The amendments made
by subsection (a) shall not apply to the beneficiary of a
petition that is filed under section 216A of the Immigration
and Nationality Act (8 U.S.C. 1186b) if the underlying
petition was filed under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)) before the date of the enactment of this
Act.
SEC. 105. PROCEDURE FOR GRANTING IMMIGRANT STATUS.
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(a) FILING ORDER AND ELIGIBILITY.—Section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is
amended to read as follows:
‘‘(H)(i) Any alien seeking classification under section 203(b)(5)
may file a petition for such classification with the Secretary of
Homeland Security. An alien seeking to pool his or her investment
with 1 or more additional aliens seeking classification under section
203(b)(5) shall file for such classification in accordance with section
203(b)(5)(E), or before the date of the enactment of the EB–5 Reform
and Integrity Act of 2022, in accordance with section 203(b)(5).
An alien petitioning for classification under section 203(b)(5)(E)
may file a petition with the Secretary after a regional center has
filed an application for approval of an investment under section
203(b)(5)(F).
‘‘(ii) A petitioner described in clause (i) shall establish eligibility
at the time he or she files a petition for classification under section
203(b)(5). A petitioner who was eligible for such classification at
the time of such filing shall be deemed eligible for such classification
at the time such petition is adjudicated, subject to the approval
of the petitioner’s associated application under section 203(b)(5)(F),
if applicable.’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) APPLICABILITY TO PETITIONS.—Section 204(a)(1)(H)(i) of
the Immigration and Nationality Act, as added by subsection
(a), shall apply to any petition for classification pursuant to
section 203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that
is filed with the Secretary of Homeland Security on or after
the date of the enactment of this Act.
(c) ADJUDICATION OF PETITIONS.—The Secretary of Homeland
Security shall continue to adjudicate petitions and benefits under
sections 203(b)(5) and 216A of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5) and 1186b) during the implementation
of this Act and the amendments made by this Act.
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Petitions.
8 USC 1154 note.
8 USC 1153 note.
SEC. 106. TIMELY PROCESSING.
8 USC 1153 note.
(a) FEE STUDY.—Not later than 1 year after the date of the
enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall complete a study of fees charged in the administration of the program described in sections 203(b)(5) and 216A
Deadline.
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Deadlines.
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Determination.
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of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and
1186b).
(b) ADJUSTMENT OF FEES TO ACHIEVE EFFICIENT PROCESSING.—
Notwithstanding section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)), and except as provided under subsection
(c), the Director, not later than 60 days after the completion of
the study under subsection (a), shall set fees for services provided
under sections 203(b)(5) and 216A of such Act (8 U.S.C. 1153(b)(5)
and 1186b) at a level sufficient to ensure the full recovery only
of the costs of providing such services, including the cost of attaining
the goal of completing adjudications, on average, not later than—
(1) 180 days after receiving a proposal for the establishment
of a regional center described in section 203(b)(5)(E) of such
Act;
(2) 180 days after receiving an application for approval
of an investment in a new commercial enterprise described
in section 203(b)(5)(F) of such Act;
(3) 90 days after receiving an application for approval
of an investment in a new commercial enterprise described
in section 203(b)(5)(F) of such Act that is located in a targeted
employment area (as defined in section 203(b)(5)(D) of such
Act);
(4) 240 days after receiving a petition from an alien desiring
to be classified under section 203(b)(5)(E) of such Act;
(5) 120 days after receiving a petition from an alien desiring
to be classified under section 203(b)(5)(E) of such Act with
respect to an investment in a targeted employment area (as
defined in section 203(b)(5)(D) of such Act); and
(6) 240 days after receiving a petition from an alien for
removal of conditions described in section 216A(c) of such Act.
(c) ADDITIONAL FEES.—Fees in excess of the fee levels described
in subsection (b) may be charged only—
(1) in an amount that is equal to the amount paid by
all other classes of fee-paying applicants for immigrationrelated benefits, to contribute to the coverage or reduction
of the costs of processing or adjudicating classes of immigration
benefit applications that Congress, or the Secretary of Homeland Security in the case of asylum applications, has authorized
to be processed or adjudicated at no cost or at a reduced
cost to the applicant; and
(2) in an amount that is not greater than 1 percent of
the fee for filing a petition under section 203(b)(5) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), to make
improvements to the information technology systems used by
the Secretary of Homeland Security to process, adjudicate, and
archive applications and petitions under such section, including
the conversion to electronic format of documents filed by petitioners and applicants for benefits under such section.
(d) EXEMPTION FROM PAPERWORK REDUCTION ACT.—During the
1-year period beginning on the date of the enactment of this Act,
the requirements under chapter 35 of title 44, United States Code,
shall not apply to any collection of information required under
this division, any amendment made by this division, or any rule
promulgated by the Secretary of Homeland Security to implement
this division or the amendments made by this division, to the
extent that the Secretary determines that compliance with such
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136 STAT. 1105
requirements would impede the expeditious implementation of this
division or the amendments made by this division.
(e) RULE OF CONSTRUCTION REGARDING ADJUDICATION
DELAYS.—Nothing in this division may be construed to limit the
authority of the Secretary of Homeland Security to suspend the
adjudication of any application or petition under section 203(b)(5)
or 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)
and 1186b) pending the completion of a national security or law
enforcement investigation relating to such application or petition.
(f) RULE OF CONSTRUCTION REGARDING MODIFICATION OF
FEES.—Nothing in this section may be construed to require any
modification of fees before the completion of—
(1) the fee study described in subsection (a); or
(2) regulations promulgated by the Secretary of Homeland
Security, in accordance with subchapter II of chapter 5 and
chapter 7 of title 5, United States Code (commonly known
as the ‘‘Administrative Procedure Act’’), to carry out subsections
(b) and (c).
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SEC. 107. TRANSPARENCY.
8 USC 1153a.
(a) IN GENERAL.—Employees of the Department of Homeland
Security, including the Secretary of Homeland Security, the Secretary’s counselors, the Assistant Secretary for the Private Sector,
the Director of U.S. Citizenship and Immigration Services, counselors to such Director, and the Chief of the Immigrant Investor
Programs Office (or any successor to such Office) at U.S. Citizenship
and Immigration Services, shall act impartially and may not give
preferential treatment to any entity, organization, or individual
in connection with any aspect of the immigrant visa program
described in section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)).
(b) IMPROPER ACTIVITIES.—Activities that constitute preferential treatment under subsection (a) shall include—
(1) working on, or in any way attempting to influence,
in a manner not available to or accorded to all other petitioners,
applicants, and seekers of benefits under the immigrant visa
program referred to in subsection (a), the standard processing
of an application, petition, or benefit for—
(A) a regional center;
(B) a new commercial enterprise;
(C) a job-creating entity; or
(D) any person or entity associated with such regional
center, new commercial enterprise, or job-creating entity;
and
(2) meeting or communicating with persons associated with
the entities listed in paragraph (1), at the request of such
persons, in a manner not available to or accorded to all other
petitioners, applicants, and seekers of benefits under such
immigrant visa program.
(c) REPORTING OF COMMUNICATIONS.—
(1) WRITTEN COMMUNICATION.—Employees of the Department of Homeland Security, including the officials listed in
subsection (a), shall include, in the record of proceeding for
a case under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), actual or electronic copies of
all case-specific written communication, including emails from
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136 STAT. 1106
PUBLIC LAW 117–103—MAR. 15, 2022
government and private accounts, with non-Department persons or entities advocating for regional center applications or
individual petitions under such section that are pending on
or after the date of the enactment of this Act (other than
routine communications with other agencies of the Federal
Government regarding the case, including communications
involving background checks and litigation defense).
(2) ORAL COMMUNICATION.—If substantive oral communication, including telephonic communication, virtual communication, or in-person meetings, takes place between officials of
the Department of Homeland Security and non-Department
persons or entities advocating for regional center applications
or individual petitions under section 203(b)(5) of such Act that
are pending on or after the date of the enactment of this
Act (except communications exempted under paragraph (1))—
(A) the conversation shall be recorded; or
(B) detailed minutes of the session shall be taken and
included in the record of proceeding.
(3) NOTIFICATION.—
(A) IN GENERAL.—If the Secretary, in the course of
written or oral communication described in this subsection,
receives evidence about a specific case from anyone other
than an affected party or his or her representative
(excluding Federal Government or law enforcement
sources), such information may not be made part of the
record of proceeding and may not be considered in adjudicative proceedings unless—
(i) the affected party has been given notice of such
evidence; and
(ii) if such evidence is derogatory, the affected
party has been given an opportunity to respond to
the evidence.
(B) INFORMATION FROM LAW ENFORCEMENT, INTELLIGENCE AGENCIES, OR CONFIDENTIAL SOURCES.—
(i) LAW ENFORCEMENT OR INTELLIGENCE AGENCIES.—Evidence received from law enforcement or
intelligence agencies may not be made part of the
record of proceeding without the consent of the relevant
agency or law enforcement entity.
(ii) WHISTLEBLOWERS, CONFIDENTIAL SOURCES, OR
INTELLIGENCE
AGENCIES.—Evidence
received from
whistleblowers, other confidential sources, or the intelligence community that is included in the record of
proceeding and considered in adjudicative proceedings
shall be handled in a manner that does not reveal
the identity of the whistleblower or confidential source,
or reveal classified information.
(d) CONSIDERATION OF EVIDENCE.—
(1) IN GENERAL.—No case-specific communication with persons or entities that are not part of the Department of Homeland Security may be considered in the adjudication of an
application or petition under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) unless the
communication is included in the record of proceeding of the
case.
(2) WAIVER.—The Secretary of Homeland Security may
waive the requirement under paragraph (1) only in the interests
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136 STAT. 1107
of national security or for investigative or law enforcement
purposes.
(e) CHANNELS OF COMMUNICATION.—
(1) EMAIL ADDRESS OR EQUIVALENT.—The Director of U.S.
Citizenship and Immigration Services shall maintain an email
account (or equivalent means of communication) for persons
or entities—
(A) with inquiries regarding specific petitions or
applications under the immigrant visa program described
in section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)); or
(B) seeking information that is not case-specific about
the immigrant visa program described in such section
203(b)(5).
(2) COMMUNICATION ONLY THROUGH APPROPRIATE CHANNELS
OR OFFICES.—
(A) ANNOUNCEMENT OF APPROPRIATE CHANNELS OF
COMMUNICATION.—Not later than 40 days after the date
of the enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall announce that the
only channels or offices by which industry stakeholders,
petitioners, applicants, and seekers of benefits under the
immigrant visa program described in section 203(b)(5) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(5))
may communicate with the Department of Homeland Security regarding specific cases under such section (except
for communication made by applicants and petitioners
pursuant to regular adjudicatory procedures), or information that is not case-specific about the visa program
applicable to certain cases under such section, are
through—
(i) the email address or equivalent channel
described in paragraph (1);
(ii) the National Customer Service Center, or any
successor to such Center; or
(iii) the Office of Public Engagement, Immigrant
Investor Program Office, including the Stakeholder
Engagement Branch, or any successors to those Offices
or that Branch.
(B) DIRECTION OF INCOMING COMMUNICATIONS.—
(i) IN GENERAL.—Employees of the Department of
Homeland Security shall direct communications
described in subparagraph (A) to the channels of
communication or offices listed in clauses (i) through
(iii) of subparagraph (A).
(ii) RULE OF CONSTRUCTION.—Nothing in this
subparagraph may be construed to prevent—
(I) any person from communicating with the
Ombudsman of U.S. Citizenship and Immigration
Services regarding the immigrant investor program under section 203(b)(5) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)(5)); or
(II) the Ombudsman from resolving problems
regarding such immigrant investor program pursuant to the authority granted under section 452
of the Homeland Security Act of 2002 (6 U.S.C.
272).
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Deadline.
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Public
information.
Web posting.
Deadline.
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Deadline.
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PUBLIC LAW 117–103—MAR. 15, 2022
(C) LOG.—
(i) IN GENERAL.—The Director of U.S. Citizenship
and Immigration Services shall maintain a written
or electronic log of—
(I) all communications described in subparagraph (A) and communications from Members of
Congress, which shall reference the date, time,
and subject of the communication, and the identity
of the Department official, if any, to whom the
inquiry was forwarded;
(II) with respect to written communications
described in subsection (c)(1), the date on which
the communication was received, the identities of
the sender and addressee, and the subject of the
communication; and
(III) with respect to oral communications
described in subsection (c)(2), the date on which
the communication occurred, the participants in
the conversation or meeting, and the subject of
the communication.
(ii) TRANSPARENCY.—The log of communications
described in clause (i) shall be made publicly available
in accordance with section 552 of title 5, United States
Code (commonly known as the ‘‘Freedom of Information
Act’’).
(3) PUBLICATION OF INFORMATION.—Not later than 30 days
after a person or entity inquiring about a specific case or
generally about the immigrant visa program described in section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)) receives, as a result of a communication with an
official of the Department of Homeland Security, generally
applicable information that is not case-specific about program
requirements or administration that has not been made publicly
available by the Department, the Director of U.S. Citizenship
and Immigration Services shall publish such information on
the U.S. Citizenship and Immigration Services website as an
update to the relevant Frequently Asked Questions page or
by some other comparable mechanism.
(f) PENALTY.—
(1) IN GENERAL.—Any person who intentionally violates
the prohibition on preferential treatment under this section
or intentionally violates the reporting requirements under subsection (c) shall be disciplined in accordance with paragraph
(2).
(2) SANCTIONS.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall establish a graduated set of sanctions based on the
severity of the violation referred to in paragraph (1), which
may include, in addition to any criminal or civil penalties
that may be imposed, written reprimand, suspension, demotion,
or removal.
(g) RULE OF CONSTRUCTION REGARDING CLASSIFIED INFORMATION.—Nothing in this section may be construed to modify any
law, regulation, or policy regarding the handling or disclosure of
classified information.
(h) RULE OF CONSTRUCTION REGARDING PRIVATE RIGHT OF
ACTION.—Nothing in this section may be construed to create or
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136 STAT. 1109
authorize a private right of action to challenge a decision of an
employee of the Department of Homeland Security.
(i) EFFECTIVE DATE.—This section, and the amendments made
by this section, shall take effect on the date of the enactment
of this Act.
SEC. 108. PROTECTION FROM EXPIRED LEGISLATION.
Section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)), as amended by sections 102 and 103 of this
division, is further amended by adding at the end the following:
‘‘(S) PROTECTION FROM EXPIRED LEGISLATION.—Notwithstanding the expiration of legislation authorizing the
regional center program under subparagraph (E), the Secretary of Homeland Security—
‘‘(i) shall continue processing petitions under sections 204(a)(1)(H) and 216A based on an investment
in a new commercial enterprise associated with a
regional center that were filed on or before September
30, 2026;
‘‘(ii) may not deny a petition described in clause
(i) based on the expiration of such legislation; and
‘‘(iii) may not suspend or terminate the allocation
of visas to the beneficiaries of approved petitions
described in clause (i).’’.
DIVISION CC—BURIAL EQUITY FOR
GUARDS AND RESERVES ACT
Effective date.
Burial Equity
for Guards and
Reserves Act.
SEC. 101. SHORT TITLE.
38 USC 101 note.
This division may be cited as the ‘‘Burial Equity for Guards
and Reserves Act’’.
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SEC. 102. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN
INDIVIDUALS IN CERTAIN STATE VETERANS’ CEMETERIES.
(a) GRANTS.—Section 2408 of title 38, United States Code,
is amended—
(1) in subsection (d)(2), by striking ‘‘The Secretary may’’
and inserting ‘‘Except as provided in subsection (i), the Secretary may’’;
(2) by redesignating subsection (i) as subsection (k); and
(3) by inserting after subsection (h) the following new subsections:
‘‘(i)(1) The Secretary may not establish a condition for a grant
under this section that restricts the ability of a State receiving
such a grant to inter in a veterans’ cemetery owned by that State
any individual described in paragraph (2) solely by reason of the
ineligibility of such individual for burial in an open national cemetery under the control of the National Cemetery Administration
under section 2402(a) of this title.
‘‘(2) An individual described in this paragraph is the following:
‘‘(A) Any member of a reserve component of the Armed
Forces who was discharged or released from service under
conditions other than dishonorable or whose death occurs under
conditions other than dishonorable while a member of such
a reserve component.
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38 USC 2408
note.
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Payments.
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PUBLIC LAW 117–103—MAR. 15, 2022
‘‘(B) Any member of the Army National Guard or the Air
National Guard who was discharged or released from service
under conditions other than dishonorable or whose death occurs
under conditions other than dishonorable while a member of
the Army National Guard or the Air National Guard.
‘‘(C) Any member of the Reserve Officers’ Training Corps
of the Army, Navy, or Air Force whose death occurs under
conditions other than dishonorable while a member of the
Reserve Officers’ Training Corps of the Army, Navy, or Air
Force.
‘‘(D) Any spouse of any member described in subparagraphs
(A) through (C).
‘‘(E) Any minor child or unmarried adult child (as such
terms are defined in section 2402(a) of this title) of any member
described in subparagraphs (A) through (C).
‘‘(j) The Secretary may not deny an application for a grant
under this section solely on the basis that the State receiving
such grant may use funds from such grant to expand, improve,
operate, or maintain a veterans’ cemetery in which interment of
individuals described in subsection (i)(2) is allowed.’’.
(b) PROHIBITION ON ENFORCING CERTAIN CONDITIONS ON
GRANTS FOR STATE VETERANS’ CEMETERIES.—The Secretary of Veterans Affairs may not enforce a condition on a grant described
in subsection (i)(1) of section 2408 of title 38, United States Code,
as added by subsection (a), that was established before the date
of the enactment of this Act.
(c) PLOT ALLOWANCES.—Section 2303 of title 38, United States
Code, is amended—
(1) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) the Secretary shall pay to the relevant State, agency,
political subdivision, or tribal organization, as the case may
be, the sum of $700 (as increased from time to time under
subsection (c)) as a plot or interment allowance for such veteran
if the veteran is buried (without charge for the cost of a plot
or interment) in a cemetery, or a section of a cemetery, that—
‘‘(A) is used solely for the interment of persons who
are—
‘‘(i) eligible for burial in a national cemetery;
‘‘(ii) members of a reserve component of the Armed
Forces not otherwise eligible for such burial or former
members of such a reserve component not otherwise
eligible for such burial who are discharged or released
from service under conditions other than dishonorable;
or
‘‘(iii) described in section 2408(i)(2) of this title;
and
‘‘(B) is—
‘‘(i) owned by a State or by an agency or political
subdivision of a State; or
‘‘(ii) on trust land owned by, or held in trust for,
a tribal organization.’’; and
(B) in paragraph (2), by inserting ‘‘tribal organization,’’
after ‘‘of a State,’’; and
(2) by adding at the end the following new subsection:
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‘‘(e) In this section, the terms ‘tribal organization’ and ‘trust
land’ have the meanings given those terms in section 3765 of
this title.’’.
Definition.
DIVISION DD—AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT PROGRAM
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT PROGRAM.
Subsection (g) of section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C.
3001 note), as amended by section 4302 of the Johnny Isakson
and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116–315), is amended to
read as follows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds shall be made
available to carry out the pilot program under this section from
funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits, in the following
amounts for a fiscal year in which the Secretary carries out the
pilot program:
‘‘(1) For fiscal year 2019, $15,000,000.
‘‘(2) For fiscal year 2020, $15,000,000.
‘‘(3) For fiscal year 2021, $45,000,000.
‘‘(4) For fiscal year 2022, $125,000,000.
‘‘(5) For fiscal year 2023, $45,000,000.
‘‘(6) For fiscal year 2024, $45,000,000.’’.
DIVISION EE—EXTENSION OF VISA
WAIVER PROGRAM FEES
SEC. 101. EXTENSION OF VISA WAIVER PROGRAM FEES.
Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act
(8 U.S.C. 1187(h)(3)(B)(iii)) is amended by striking ‘‘September 30,
2027’’ and inserting ‘‘October 31, 2028’’.
DIVISION FF—AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND
USA
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SEC. 101. AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND
USA.
(a) SHORT TITLE.—This section may be cited as the ‘‘Restoring
Brand USA Act’’.
(b) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Treasury, subject
to subsections (c) and (d), and notwithstanding any other provision
of law, shall make available, from unobligated balances remaining
available from fees collected before October 1, 2020, and credited
to Travel Promotion Fund established under subsection (d) of the
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Restoring Brand
USA Act.
Deadline.
Fees.
Effective date.
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PUBLIC LAW 117–103—MAR. 15, 2022
Travel Promotion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000
for the Corporation for Travel Promotion (commonly known as
‘‘Brand USA’’).
(c) INAPPLICABILITY OF CERTAIN REQUIREMENTS AND LIMITATIONS.—The limitations in subsection (d)(2)(B) of the Travel Promotion Act of 2009 shall not apply to amounts made available
under subsection (b), and the requirements in subsection (d)(3)
of such Act shall not apply to more than $50,000,000 of the amounts
so available.
(d) USE OF FUNDS.—Brand USA may only use funds provided
under subsection (b) to promote travel from countries whose citizens
and nationals are permitted to enter the United States.
(e) REPORT REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, Brand USA shall submit to Congress
a plan for obligating and expending the amounts described in subsection (b).
Plan.
DIVISION GG—COOPERATIVE PROJECT
AGREEMENT
SEC. 101. AUTHORITY TO ENTER INTO COOPERATIVE PROJECT AGREEMENT.
President.
Notwithstanding section 27(f) of the Arms Export Control Act
(22 U.S.C. 2767(f)), the President may sign the cooperative project
agreement notified to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives in congressional notification 04-22 received on
March 5, 2022. Notwithstanding section 27(g) of such Act (22 U.S.C.
2767(g)), any defense articles that result from a cooperative project
agreement shall be subject to the requirements of section 36 of
such Act (22 U.S.C. 2776).
DIVISION HH—OTHER MATTERS
TITLE I—CONTINUING EDUCATION AT
AFFECTED FOREIGN INSTITUTIONS
SEC. 101. COVERED PERIODS FOR AFFECTED FOREIGN INSTITUTIONS.
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Section 3510(e) of the Coronavirus Aid, Relief, and Economic
Security Act (20 U.S.C. 1001 note) is amended—
(1) in paragraph (1)(B)(ii), by striking ‘‘2022’’ and inserting
‘‘2023’’; and
(2) in paragraph (2), by striking ‘‘subparagraph (B)(i)’’ and
inserting ‘‘paragraph (1)(B)(i)’’.
NASA EnhancedUse
Leasing
Extension Act of
2022.
51 USC 10101
note.
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TITLE II—NASA ENHANCED-USE
LEASING EXTENSION ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘NASA Enhanced-Use Leasing
Extension Act of 2022’’.
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136 STAT. 1113
SEC. 202. FINDINGS.
Congress finds the following:
(1) NASA uses enhanced-use leasing to enter into agreements with private sector entities, State and local governments,
academic institutions, and other Federal agencies for lease
of non-excess, underutilized NASA properties and facilities.
(2) NASA uses enhanced-use leasing authority to support
responsible management of its real property, including to
improve the use of underutilized property for activities that
are compatible with NASA’s mission and to reduce facility
operating and maintenance costs.
(3) In fiscal year 2019, under its enhanced-use lease
authority, NASA leased 65 real properties.
(4) In fiscal year 2019, NASA’s use of enhanced-use leasing
resulted in the collection of $10,843,025.77 in net revenue.
(5) In fiscal year 2019, NASA used a portion of its
enhanced-use leasing revenues for repairs of facility control
systems such as lighting and heating, ventilation, and air conditioning.
(6) NASA’s use of enhanced-use leasing authority can contribute to reducing the rate of increase of the Agency’s overall
deferred maintenance cost.
51 USC 20145
note.
SEC. 203. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NONEXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.
Section 20145(g) of title 51, United States Code, is amended
by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’.
TITLE III—CARES ACT SEMIANNUAL
TESTIMONY
SEC. 301. CONGRESSIONAL TESTIMONY.
Section 4026(c) of division A of the CARES Act (15 U.S.C.
9060(c)) is amended—
(1) by striking ‘‘quarterly’’ and inserting ‘‘semiannual’’; and
(2) by adding at the end the following: ‘‘This subsection
shall have no force or effect after December 31, 2027.’’.
TITLE IV—HIDDEN FIGURES
CONGRESSIONAL GOLD MEDAL
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SEC. 401. HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL.
Section 3(c) of Hidden Figures Congressional Gold Medal Act
(Public Law 116–68; 133 Stat. 1129) is amended by adding at
the end the following:
‘‘(3) TRANSFER TO KATHERINE GOBLE MOORE.—The gold
medal awarded in honor of Katherine Johnson under subsection
(a)(1) shall be given to her daughter, Katherine Goble Moore.’’.
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31 USC 5111
note.
Katherine
Johnson.
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PUBLIC LAW 117–103—MAR. 15, 2022
TITLE V—CONGRESSIONAL OVERSIGHT
OF SENSITIVE PROGRAMS NOT COVERED BY OTHER PROVISIONS OF LAW
50 USC 3348a.
SEC. 501. CONGRESSIONAL OVERSIGHT OF SENSITIVE PROGRAMS NOT
COVERED BY OTHER PROVISIONS OF LAW.
Costs.
Time period.
Reports.
Notification.
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(a) REPORTS REQUIRED.—
(1) IN GENERAL.—Not later than February 1 of each year,
the head of each covered element shall submit to congressional
leadership a report on each covered program carried out by
that covered element.
(2) CONTENTS.—Each such report shall set forth—
(A) the total amount requested by the covered element
for covered programs within the budget submitted under
section 1105 of title 31 for the fiscal year following the
fiscal year in which the report is submitted; and
(B) for each program in such budget that is a covered
program—
(i) a brief description of the program;
(ii) in the case of a procurement program, a brief
discussion of the major milestones established for the
program;
(iii) the actual cost of the program for each fiscal
year during which the program has been conducted
before the fiscal year during which that budget is
submitted; and
(iv) the estimated total cost of the program and
the estimated cost of the program for—
(I) the current fiscal year;
(II) the fiscal year for which the budget is
submitted; and
(III) each of the four succeeding fiscal years
during which the program is expected to be conducted.
(b) NEWLY DESIGNATED PROGRAMS.—
(1) IN GENERAL.—Not later than February 1 of each year,
the head of each covered element shall submit to congressional
leadership a report that, with respect to each new covered
program of that covered element, provides—
(A) notice of the designation of the program as a special
access program; and
(B) justification for such designation.
(2) CONTENTS.—A report under paragraph (1) with respect
to a program shall include—
(A) the current estimate of the total program cost
for the program; and
(B) an identification, as applicable, of existing programs or technologies that are similar to the technology,
or that have a mission similar to the technology, or that
have a mission similar to the mission, of the program
that is the subject of the notice.
(3) NEW COVERED PROGRAM DEFINED.—In this subsection,
the term ‘‘new covered program’’ means a covered program
that has not previously been covered in a notice and justification
under this subsection.
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PUBLIC LAW 117–103—MAR. 15, 2022
136 STAT. 1115
(c) REVISION IN CLASSIFICATION OF PROGRAMS.—
(1) IN GENERAL.—Whenever a change in the classification
of a covered program of a covered element is planned to be
made or whenever classified information concerning a covered
program of a covered element is to be declassified and made
public, the head of the covered element shall submit to congressional leadership a report containing a description of the proposed change or the information to be declassified, the reasons
for the proposed change or declassification, and notice of any
public announcement planned to be made with respect to the
proposed change or declassification.
(2) PERIOD FOR SUBMITTAL.—Except as provided in paragraph (3), a report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the
proposed change, declassification, or public announcement is
to occur.
(3) EXCEPTION.—If the head of the covered element determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed
change, declassification, or public announcement concerning
a covered program of the covered element, the head of the
department or agency may submit the report required by paragraph (1) regarding the proposed change, declassification, or
public announcement at any time before the proposed change,
declassification, or public announcement is made and shall
include in the report an explanation of the exceptional circumstances.
(d) REVISION OF CRITERIA FOR DESIGNATING PROGRAMS.—Whenever there is a modification or termination of the policy and criteria
used for designating a program of a covered element as a covered
program, the head of the covered element shall promptly notify
congressional leadership of such modification or termination. Any
such notification shall contain the reasons for the modification
or termination and, in the case of a modification, the provisions
of the policy as modified.
(e) INITIATION OF PROGRAMS.—A covered program may not be
initiated by a covered element until—
(1) congressional leadership is notified of the program;
and
(2) a period of 30 days elapses after such notification is
received.
(f) LIMITATION ON USE OF FUNDS.—No funds may be obligated
or expended by any covered element to carry out a covered program
until the head of the covered element has briefed congressional
leadership on the covered program.
(g) DEFINITIONS.—In this section:
(1) COVERED ELEMENT.—The term ‘‘covered element’’ means
any element or portion of the Federal Government that is
not—
(A) a covered department or agency as defined in section 1152(g) of the National Defense Authorization Act
for Fiscal Year 1994 (50 U.S.C. 3348(g));
(B) the Department of Defense (which is required to
submit reports on special access programs under section
119 of title 10, United States Code);
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Classified
information.
Reports.
Notice.
Determination.
Notification.
Time period.
PUBL103
136 STAT. 1116
PUBLIC LAW 117–103—MAR. 15, 2022
(C) the National Nuclear Security Administration
(which is required to submit reports on special access programs under section 3236 of the National Nuclear Security
Administration Act (50 U.S.C. 2426); or
(D) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(2) CONGRESSIONAL LEADERSHIP.—The term ‘‘congressional
leadership’’ means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) COVERED PROGRAM.—The term ‘‘covered program’’
means any special access program or similarly protected program established under the authority of Executive Order 12356
(50 U.S.C. 3161 note; relating to prescribing a uniform system
for classifying, declassifying, and safeguarding national security
information), or any successor Executive order, or any similar
sensitive program established anywhere in the Federal Government, including one established at the direction of the President.
TITLE VI—FIREFIGHTER PAY
SEC. 601. FIREFIGHTER PAY.
Section 1701 of division B of the Extending Government
Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547
note) is amended—
(1) by inserting ‘‘or 2022’’ after ‘‘during 2021’’ each place
it appears;
(2) in subsection (a)(1), by inserting ‘‘and any services
during 2022 that generate payments payable in 2023’’ after
‘‘payable in 2022’’; and
(3) in subsection (b), by inserting ‘‘or 2022’’ after ‘‘in 2021’’.
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Approved March 15, 2022.
LEGISLATIVE HISTORY—H.R. 2471 (S. 1104):
CONGRESSIONAL RECORD:
Vol. 167 (2021): June 28, considered in House.
June 29, prior proceedings vacated; considered and passed
House.
Vol. 168 (2022): Jan. 13, considered and passed Senate, amended.
Mar. 9, House concurred in Senate amendment with an
amendment.
Mar. 10, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
Mar. 15, Presidential remarks.
Æ
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PUBL103
| File Type | application/pdf |
| File Title | PUBL103.PS |
| File Modified | 2022-06-28 |
| File Created | 2022-06-13 |